Local Rule L.R. 16-15.5: Requirements for ADR Procedures

L.R. 16-15.5 Requirements for ADR Procedures. With the exception of subsection (a) which applies only to settlement proceedings before a district judge or magistrate judge, the following requirements shall apply to all ADR Procedures unless otherwise ordered by the settlement judge or the neutral:

(a) STATEMENT OF CASE - The parties shall submit in writing to the settlement judge, in camera (but not file), a confidential settlement statement (not to exceed five (5) pages) setting forth the party's statement of the case and the party's settlement position, including the last offer or demand made by that party and a separate statement of the offer or demand the party is prepared to make at the settlement conference. This confidential settlement statement shall be delivered to the settlement judge at least five (5) days before the date of the conference.

(b) APPEARANCE BY PARTY - Each party shall appear at the settlement proceeding in person or by a representative with final authority to settle the case, which in the case of lawsuits brought by or against the United States or any of its agencies as a party, shall involve the attendance of an attorney charged with responsibility for the conduct of the case and who has final settlement authority as provided by his or her superiors. A corporation or other non-governmental entity satisfies this attendance requirement if represented by a person who has final settlement authority and who is knowledgeable about the facts of the case. Representatives of insurers with decision-making authority are required to attend settlement proceedings, unless personal attendance is excused by the settlement officer. At the discretion of the settlement officer, and only with the settlement officer's express authorization, parties residing outside the District may have a representative with final settlement authority available by telephone during the entire proceeding, in lieu of personal appearance.

(c) APPEARANCE BY LEAD TRIAL ATTORNEY - Each party shall be represented at the settlement proceeding by the attorney who is expected to try the case, unless excused by the settlement officer.

(d) PREPARATION BY PARTY - Each party shall have made a thorough analysis of the case prior to the settlement proceeding and shall be fully prepared to discuss all economic and non-economic factors relevant to a full and final settlement of the case.