Local Rule LR16.3: Alternative Dispute Resolution
E.D. Tenn. — Civil rule
LR16.3 Alternative Dispute Resolution
(a) Reference by Court. The Court may, in the judge's discretion and with the consent of the parties, refer any civil case, including adversary proceedings removed from bankruptcy court, for a settlement conference or any other method of alternative dispute resolution deemed appropriate to the needs of the case except that arbitration can only be authorized as provided in 28 U.S.C. § 654. Additionally, mediation can be ordered by the Court without consent of the parties as set forth in Local Rule 16.4.
(b) Consideration of ADR by Litigants. Pursuant to the Alternative Dispute Resolution Act of 1998, 28 U.S.C. §§ 651 et seq., litigants in all civil cases, except those exempted as indicated below, shall consider the use of an alternative dispute resolution process at an appropriate stage in the litigation.
Civil cases which are exempted from this requirement are:
• Deportation Actions • Forfeiture and statutory penalty actions • Freedom of Information actions • Government collection actions • Judgments - actions to enforce or register • Prisoner actions to vacate sentence, for habeas corpus, or for mandamus • Pro Se Prisoner Cases • Social Security reviews • Summons/subpoenas - proceedings to enforce/contest government summons and private party depositions • Third-party IRS tax actions • Fed. R. Civ. P. 11 Proceedings • Student loan cases