Local Rule LR 16.5: ALTERNATIVE DISPUTE RESOLUTION AND MEDIATED SETTLEMENT CONFERENCE — D. Minn.

LR 16.5 ALTERNATIVE DISPUTE RESOLUTION AND MEDIATED SETTLEMENT CONFERENCE

(a) Alternative Dispute Resolution.

(1) Purpose. The court has devised and implemented an alternative dispute resolution program to encourage and promote the use of alternative dispute resolution in this district.

(2) Authorization. The court authorizes the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, except that the use of arbitration is authorized only as provided in 28 U.S.C. § 654.

(3) Administrator. The court will designate by administrative order the administrator of the court's alternative dispute resolution program.

(4) Neutrals. The full-time magistrate judges constitute the panel of neutrals made available for use by the parties. The disqualification of a magistrate judge from serving as a neutral is governed by 28 U.S.C. § 455.

(b) Mediated Settlement Conference. Before trial — except in a proceeding listed in Fed. R. Civ. P. 26(a)(1)(B) or where the parties have participated in a private mediation — the court must schedule a mediated settlement conference before a magistrate judge. The court, at a party's request or on its own, may require additional mediated settlement conferences. Each party's trial counsel, as well as a party representative having full settlement authority, must attend each mediated settlement conference. If insurance coverage may be applicable, an insurer's representative having full settlement authority must also attend.

(1) The court may order the parties, trial counsel, and other persons whose participation the court deems necessary, to participate in any or all of the following alternative dispute resolution processes: mediation, early neutral evaluation, and, if the parties have consented, arbitration.

(2) The court may offer the parties the opportunity to participate in other alternative dispute resolution processes, including mini-trials and summary trials.

(3) The court may order the parties to pay, and may allocate among them, the reasonable costs and expenses associated with the processes set forth in subparagraphs (1) and (2), but the court must not allocate any such costs or expenses to a party who is proceeding in forma pauperis as authorized by 28 U.S.C. § 1915.

(d) Confidentiality of Dispute Resolution Communications.

(1) Definitions.

(A) A "confidential dispute resolution communication" is a communication that (i) relates to a settlement proposal or to a party's considerations regarding settlement and (ii) is made by a participant to a different participant during or in connection with a court-ordered alternative dispute resolution process.

(B) A "participant" is anyone that participates in a court-ordered alternative dispute resolution process, including a magistrate judge or other neutral. A party and its representatives are a single "participant" for purposes of subparagraph (A).

(2) Nondisclosure. A confidential dispute resolution communication must not be disclosed outside the alternative dispute resolution process in which it was made unless the court authorizes, or the parties agree to, the communication's disclosure.

(A) A party may file a letter seeking authorization to disclose a confidential dispute resolution communication, but the letter must not include the content of the communication at issue, even if the letter is filed under seal. This rule authorizes a party to file such a letter by ECF.

(B) This rule does not prohibit the parties from entering into an agreement that establishes greater or lesser restrictions on the disclosure of confidential dispute resolution communications.

(D) This rule does not prohibit a party from disclosing information known or learned outside the alternative dispute resolution process.

[Adopted effective November 1, 1996; amended January 3, 2000; amended July 23, 2012; amended May 14, 2014; amended March 19, 2021]

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