Local Rule LR 16.4: Alternative Dispute Resolution

LR 16.4 - Alternative Dispute Resolution The district court encourages the use of alternative dispute resolution (ADR), including early dispute resolution, arbitration, mediation, settlement conference and other ADR processes, to reduce the expense and the stress of litigation. The parties must actively discuss alternate dispute resolution before the CMC and inform the Court of settlement prospects during the CMC.

a. Mediation. The parties may agree to mediate and select a private mediator to assist with the resolution of their dispute(s). During the CMC, the parties will inform the Court if a mediator has been selected and mediation scheduled.

b. Judicial Participation in Dispute Resolution. 1. Judge Assignment. If mediation is not scheduled by the CMC, the Court will schedule a settlement conference before a judge to facilitate communication and negotiation between the parties in order to reach a resolution of their dispute(s). As a general rule, the judge assigned to try the matter will not participate in dispute resolution with the parties. Upon written stipulation of all parties, however, the assigned judge in the exercise of his or her discretion, may preside over an early dispute resolution or settlement conference. 2. Early Dispute Resolution (EDR) Conference. Upon request of the parties or by order of the Court, an early dispute resolution conference before a judge will be scheduled shortly after the CMC. This conference, which takes place early in the discovery process, will allow each party to present a summary of legal theories and evidence in an effort to negotiate a prompt cost-savings resolution. The EDR judge may require the presence of the parties and counsel or allow attendance by telephone or video-teleconference. 3. Settlement Conference. A. The Court will routinely set at least one settlement conference in its Case Management Scheduling Order to take place after substantial discovery has taken place. However, the parties may agree at any time to private mediation or any party may request an earlier settlement conference. B. Unless specifically excused by the settlement judge for good cause, each party and counsel will be required to attend the settlement conference, either personally or through a representative with full authority to participate in settlement negotiations. C. By order, the settlement judge may require the submission and/or exchange of settlement offers and statements, which will not be made part of the case file. Such statements should address undisputed and disputed factual and legal issues, remedy sought and any other matter that may further a just, speedy, and inexpensive resolution of the case, including estimated fees and expenses likely to be incurred if the matter proceeds to trial.