Local Rule LR 16.02: ADR

LR 16.02 – ADR

(a) Application and Purpose of Alternative Dispute Resolution (ADR). All cases filed in this District are potentially subject to alternative dispute resolution. The Court encourages parties in civil cases to consider utilization of ADR. The purpose of alternative dispute resolution is to provide a mechanism by which settlements can be facilitated to avoid the expense of protracted pretrial proceedings and of trial, and delay in adjudication.

(b) Alternative Dispute Resolution Proceedings.

(1) Court Referral. Upon motion of the parties or at the initiative of the Court, a Judge to whom the case is assigned may refer the case for mediation, a judicial settlement conference, or other nonbinding method of alternative dispute resolution provided by the Court, with or without the consent of the parties.

(2) By Agreement. The parties may also participate in mediation or other binding or non-binding ADR by agreement without an order of referral. Even in that event, however, the Court retains supervisory authority as provided in this rule.

(c) Supervisory Power of the Court. Notwithstanding any provision of this Rule, the Judge to whom a civil action is assigned retains full authority to supervise every action that is subject to this Rule consistent with Title 28 of the United States Code, the Federal Rules of Civil Procedure and Local Rules of Court.

(d) Sanctions. To ensure compliance with these Rules, the Court may impose sanctions upon the party or the party's counsel, including but not limited to the payment of reasonable attorney fees, ADR panel member's fees and costs incurred by the reason of the failure to comply with these Rules; contempt; or any other lawful sanction.

(e) Adherence to Schedule. Unless the case is settled at the conclusion of the referral to an ADR proceeding, the action shall proceed toward final disposition in accordance with the schedule provided for in applicable orders of the Court.