Local Rule Rule 6.04: Communications Concerning Alternative Dispute Resolution
E.D. Mo. — Civil rule
Rule 6.04 (FRCP 16) Communications Concerning Alternative Dispute Resolution.
(A) Confidentiality.
Alternative dispute resolution proceedings are private and confidential. A neutral may exclude all persons other than the named parties and their counsel from ADR conferences. Other individuals may participate with the consent of the neutral, provided they agree to the rules pertaining to confidentiality. All written and oral communications made or disclosed to the neutral are confidential and may not be disclosed by the neutral, any party, or other participant, unless the parties otherwise agree in writing. Documents created by the parties for use by the neutral will not be filed with the Court. The neutral must not testify regarding matters disclosed during ADR proceedings. This rule does not prohibit or limit the enforcement of agreements or the collection of non-identifying information for Court-approved research and evaluation purposes, or the filing of the ADR compliance report.
(B) Pre-Mediation Ex Parte Communication.
The neutral designated in a case may communicate privately and ex parte with counsel and unrepresented parties prior to the commencement of the formal dispute resolution process.
(Amended October 1, 2001, effective November 1, 2001; Paragraph B amended August 19, 2005, effective September 20, 2005; Amended November 5, 2014, effective December 15, 2014)