Local Rule LR 16.03: ADR: DEFINITIONS, PROCEDURES AND ADMINISTRATION

LR 16.03 – ADR: DEFINITIONS, PROCEDURES AND ADMINISTRATION

(a) Definitions. As used in these Rules, the following terms are defined as follows:

(1) "Judicial Settlement Conference" is ADR set by order of the Court in which a Judge of the Court facilitates the parties' effort to negotiate a settlement.

(2) "Mediation" is an informal process in which a neutral mediator conducts discussions among the disputing parties to facilitate a mutually acceptable agreement among themselves on all or any part of the issues in dispute.

(b) Qualifications of ADR Panel Members. An attorney may be approved to serve as an ADR panel member by order of the Court, if the attorney meets the following qualifications:

(1) Is licensed to practice in the State of Tennessee, and admitted to practice before the United States District Court for the Middle District of Tennessee;

(2) Has practiced law at least five years;

(3) Has had formal training, including at least forty (40) hours of formal ADR training as approved by the Court and such additional training as may be provided by the Court;

(4) Agrees to be available to conduct at least one (1) ADR proceeding per year without compensation;

(5) Commits to at least one (1) year of service on the ADR Panel;

(6) Agrees to participate in the reporting and research requirements of the ADR program as they may be developed, except that no reporting or research requirement shall require an ADR panel member to divulge any confidential information;

(7) Agrees to comply with the provisions of these Rules and any Standing Order that may be entered in any division of this Court for the purpose of implementing this Rule;

(8) Agrees to provide to the Court such biographical and other information as the Court may require; and

(9) Agrees to take the oath under 28 U.S.C. § 453 that is required of a judicial officer.

(c) Selection of Non-Panel ADR Provider. Unless otherwise directed by the Court, the parties may select an ADR provider who is not an ADR panel member to provide an ADR service for that case. Any lawyer who has been approved by a federal or state court of this state, for service as a qualified ADR neutral shall be deemed a qualified neutral for ADR proceedings in this District.

(d) List of ADR Panel Members. The Clerk shall maintain a list of court-approved panel members, which is available on the Court's website.

(e) Compensation of ADR Panel Members. All ADR Panel members shall be compensated at rates to be agreed upon by the parties and the ADR panel member or as set by the Court. Compensation for any panel member's services shall be shared equally by the parties to the ADR proceeding unless other arrangements are agreed to by the parties or are set by the Court.