Local Rule LR 16.3: PRETRIAL AND SCHEDULING CONFERENCES: ALTERNATIVE DISPUTE RESOLUTION
W.D. Tenn. — Civil rule
LR 16.3 PRETRIAL AND SCHEDULING CONFERENCES: ALTERNATIVE DISPUTE RESOLUTION
(a) Initial Conference. At the initial scheduling conference held pursuant to Fed. R. Civ. P. 16(b), in civil cases in which all parties are represented by counsel, the possibility of settlement shall be discussed, and the Court will determine if a method of Alternative Dispute Resolution ("ADR") should be utilized in the case. The attorneys shall be prepared to discuss the advisability of referring their cases to alternative dispute resolution. ADR, without limitation, may include mediation by a Court approved mediator pursuant to the Court's Plan for Alternative Dispute Resolution, private mediation, judicial settlement conferences, an early neutral evaluation, a mini-trial, summary jury trial or the like.
(b) Party Requests. At any time after the initial Rule 16 scheduling conference, any party may inform the Court that the case is ripe for ADR and request the Court to direct the case to mediation in accordance with the Court's Plan for Alternative Dispute Resolution or some other form of ADR.
The parties may request a judicial settlement conference only after they have engaged in and certify to the Court that they have participated in good faith in at least one unsuccessful mediation under the Court's Plan for Alternative Dispute Resolution or private mediation.
(c) Court Ordered Alternative Dispute Resolution. The Court may order the parties to undergo any form of ADR, including but not limited to mediation pursuant to the Court's Plan for Alternative Dispute Resolution, (at http://www.tnwd.uscourts.gov/mediation-plan.php, attached hereto as APPENDIX D.1).
(d) Reporting Mediation Results. Within 7 days of the mediator's submission of the "Mediation Certification" referenced in §5.11(b) of the Court's Plan for Alternative Dispute Resolution, the parties shall, without disclosing the parties' respective positions at the ADR, file a notice that the ADR was successful or unsuccessful and whether some other form of ADR might assist in resolving the matter.
(e) Relief from Alternative Dispute Resolution Requirement. By motion for good cause shown, a party may be relieved of the obligation to participate in ADR.