ADR: JUDICIAL SETTLEMENT CONFERENCES

(a) Settlement Judge. Settlement conferences will ordinarily be conducted by a Magistrate Judge other than the Judge to whom the case is assigned, except when requested and agreed upon by the parties that the Magistrate Judge to whom the case is assigned should handle the settlement conference or the Magistrate Judge to whom the case is assigned deems it appropriate to preside over the settlement conference because of the exigencies of the case. All district judges, magistrate judges, and bankruptcy judges are authorized to act as settlement judges, mediators, or neutrals. (b) Scheduling Settlement Conferences.

A Judge who is assigned to the case may schedule a settlement conference as part of the case management order or as a result of discussions during a case management conference, with or without the consent of any or all parties. A party may file a motion requesting a settlement conference, if a settlement conference is not otherwise provided in the case management order. LR 16.05 –ADR: MEDIATION (a) Mediation Procedures. After a case has been referred for mediation or the parties have agreed to mediation, the mediation shall be conducted according to procedures directed by the mediator, or as directed by order of the Court.

If the parties are unable to agree upon selection of a mediator, the Judge may designate a mediator or determine appropriate procedures for selection. Failure of the parties to comply with the required mediation procedures may result in sanctions. (b) Mediator’s Report. Within two (2) business days following the mediation, the mediator shall file a report on a form available on the Court’s website indicating: (1) The date on which the mediation occurred; (2) Whether all required parties were present; (3) Whether the case settled at the conclusion of the mediation; (4) Whether the mediation was continued with the consent of the parties; and (5) Whether the mediation was terminated without a settlement.