Local Rule LCvR 84.4: REFERRAL TO MEDIATION

LCvR 84.4 REFERRAL TO MEDIATION

(a) METHOD OF REFERRAL.

District judges may refer civil cases to mediation, subject to the availability of qualified mediators:

(1) by encouraging litigants to submit to mediation voluntarily and entering a consent order referring the case to the Mediation Program, or

(2) by requiring litigants to participate after giving them an opportunity, in response to an order to show cause, to explain why mediation would not be appropriate in their case.

Cross Reference LCvR 16.3 requires counsel to meet, within 14 days after defendant enters an appearance in a case, to discuss whether mediation might be appropriate and to submit their views to the Court within 14 days after the meeting. Counsel must also indicate whether they discussed mediation with their clients before filing their report.

(b) TIMING OF REFERRAL.

Cases may be referred to mediation, with the consent of the assigned judge, at any point during the course of the litigation.

Cross Reference LCvR 16.3 requires counsel to discuss the question of timing. Litigants may refer to the Court's Mediation brochure on the Court's website for a discussion of timing considerations – www.dcd.uscourts.gov – under Attorney Information > Court Mediation Program > Mediation Brochure.

(c) PRO SE CASES.

Cases in which one of the parties is proceeding pro se are generally considered ineligible for mediation, unless the pro se party is represented by counsel for the purpose of mediation.

(d) MAGISTRATE JUDGES CONSENT CASES.

In cases in which the parties have consented to jurisdiction by a magistrate judge under 28 U.S.C. § 636(c), the magistrate judge shall have the same authority to refer cases to the Mediation Program as do district judges under LCvR 84.1(b) above.

(e) BANKRUPTCY PROCEEDINGS.

Mediation is also available to litigants in bankruptcy proceedings.