Local Rule Rule 53.3: Alternative Dispute Resolution
E.D. Pa. — Civil rule
Rule 53.3 Alternative Dispute Resolution
(a) Litigants in all civil actions, exempting only social security appeals, pro se prisoner civil rights actions, and petitions for habeas corpus, shall be required to consider the use of an alternative dispute resolution process (the "ADR process") at an appropriate stage in the litigation.
(b) ADR processes may include mediation and settlement conferences and such other ADR processes as the judge to whom the case is assigned (the "assigned judge") may designate.
(c) All ADR processes subject to this Rule shall be confidential, and disclosure or use by any person of dispute resolution communications is prohibited unless confidentiality has been waived by all participants in the ADR process, or disclosure is ordered by the assigned judge for good cause shown.
(d) Nothing in this Rule shall be construed to limit the assigned judge from (a) conducting settlement conferences or referring a matter to a magistrate judge for a settlement conference, or (b) ordering the litigants to participate in an ADR process, or (c) approving or disapproving of an ADR process selected by the litigants.
(e) The Chief Judge shall administer, oversee, and evaluate the court's ADR program in accordance with the Alternative Dispute Resolution Act of 1998. The Clerk, or such other person as may be designated from time to time by the Chief Judge, shall serve as the ADR coordinator. The ADR coordinator shall recruit and screen attorneys to serve as mediators and maintain a list of mediators approved by the Court.
(f) This Rule is intended to be flexible so as to permit the court to adopt, from time to time, guidelines and policies for the administration of the ADR program. The procedures promulgated by the court for the implementation of the ADR program are available on the court website.
(g) Nothing in this Rule shall be construed to amend or modify the provisions of Local Civil Rule 53.2 (compulsory and voluntary arbitration with right of trial de novo).