Local Rule Civil Rule 16.2: ALTERNATIVE DISPUTE RESOLUTION (ADR)

CIVIL RULE 16.2 ALTERNATIVE DISPUTE RESOLUTION (ADR)

(A) AUTHORIZATION

(1) The court authorizes the use of Alternative Dispute Resolution (ADR) in civil cases, including adversary proceedings in bankruptcy under 28 U.S.C. § 651.

(2) The primary form of ADR offered by the court is mediation in the form of court-sponsored settlement conferences conducted by a judge. The court will not offer arbitration as a court-sponsored ADR process but, in appropriate cases and with the consent of the parties, the court will facilitate other forms of ADR, such as early neutral evaluation. The court encourages, but does not require, private ADR as an alternative to court-sponsored ADR.

(B) DESIGNATION OF CASES The court strongly encourages participation in ADR at an early stage of each civil case and requires that the parties in civil cases not excluded under D.N.D. Gen. L.R. 16.1 discuss early ADR participation and the appropriate timing of ADR. The parties must include in their Fed. R. Civ. P. 26(f)(3) Scheduling/Discovery Plan the ADR option they choose and the appropriate timing. Upon request by a party or on the court's own initiative, the court may schedule a settlement conference at any stage of the proceeding if the nature of the case, the amount in controversy, and the status of the case indicate the conference may be beneficial. For cases in which a magistrate judge is the trial judge, another magistrate judge, a district judge, or a bankruptcy judge may be available to conduct a settlement conference.

(C) CONFIDENTIALITY

(1) The settlement judge will not inform the trial judge of positions taken by parties during the ADR process and will only advise the trial judge whether the case settled. The trial judge will not ordinarily serve as the settlement judge unless the parties jointly agree otherwise in an appropriate jury case.

(2) The ADR process is confidential and not open to the public. All written and oral communications by parties or their representatives in relation to court-sponsored ADR proceedings are deemed confidential. Disclosure of confidential ADR communications is prohibited, except as authorized by the court or agreed to by the parties.

(3) A judge conducting an ADR proceeding may not be called to testify in connection with a dispute relating to the ADR proceeding or its result except upon written agreement of the parties and concurrence of the court, or when otherwise required by law.

(D) ADMINISTRATION The chief judge is designated to serve as program administrator to implement, oversee, and evaluate the court's ADR program and may delegate the authority to an employee or judge as permitted by 28 U.S.C. § 651(d).

(E) DISQUALIFICATION

(1) A judge may be disqualified from conducting an ADR proceeding because of bias or prejudice or for conflict of interest as specified in 28 U.S.C. §§ 144 and 455.

(2) A party who believes a judge conducting an ADR proceeding has a conflict of interest must serve and file a motion for recusal at the earliest opportunity.

(3) Upon disqualification of a judge from conducting an ADR proceeding, the ADR program administrator will assign another judge to conduct further ADR proceedings. If the ADR program administrator has been disqualified, another judge in the district will assign a judge to conduct further ADR proceedings.