Local Rule Rule 16.4: Alternative Dispute Resolution (ADR)
D. Me. — Civil rule
Rule 16.4 Alternative Dispute Resolution (ADR)
(a) In General Parties are encouraged to use judicial settlement conferences conducted by judges in this District or any other private alternative dispute resolution (ADR) process on which they can agree, including mediation, early neutral evaluation, nonbinding summary trial, and arbitration.
(b) Consideration of ADR
(1) Standard Track Cases. Under the scheduling order issued in all Standard Track cases, the parties must confer with each other, and counsel must consult with their clients, about ADR options.
(2) Complex Track Cases. Before the initial scheduling conference, the parties must confer with each other, and counsel must consult with their clients, about ADR options and must be prepared to discuss those options with the judge at the initial scheduling conference.
(3) Exempted Actions. Exempted from the requirement to consider and consult about ADR are actions assigned under Local Rule 16.1 to the Administrative Track or the Prisoner Civil Rights Track.
(c) Judicial Settlement Conferences The district judges, magistrate judges, and bankruptcy judges of this District are available to conduct judicial settlement conferences with counsel and the parties. Requesting a judicial settlement conference is voluntary. If all parties consent, a judge assigned to the matter may conduct the settlement conference. To request a judicial settlement conference, one of the parties should contact the Clerk. All decision makers necessary to make settlement decisions for each party must be available for the conference.
(d) Confidentiality Confidential communications of the parties, counsel, neutrals, or judges made during any ADR proceedings may not be disclosed to others. Such communications are not admissible in any later proceeding, including the trial of the matter, except as the Federal Rules of Evidence permit.