Civil pretrial conferences; Alternative Dispute Resolution

16.1 Early scheduling conference - The court may order that an early scheduling conference be held before a judge either in open court, in chambers, or at the discretion of the court, by telephone. Following this conference, the court will issue a case management order establishing a timetable for disposition of the case. Parties may refer to the court’s website for judicial guidelines on the court’s pretrial and trial practice. 16.2 Alternative Dispute Resolution: General provisions ADR favored - The judges of this district favor alternative dispute resolution (ADR) methods in those cases where the parties and the court agree that ADR may help resolve the case.

The ADR methods approved by these rules include Voluntary Facilitative Mediation ( LCivR 16.3 ); Early Neutral Evaluation ( LCivR 16.4 ); Case Evaluation ( LCivR 16.5 ); and Settlement Conferences ( LCivR 16.6 ). In addition, the court will consider other ADR methods proposed by the parties (e.g., Summary Trials). Court administration of the ADR program Program description and administration - Each ADR program is governed by these rules and the provisions of a program description, which is incorporated into these rules by reference. The program description for each ADR method is available on the court’s website and is published in a form suitable for reference by attorneys and their clients.

The ADR program is administered by the clerk’s office. Problems are initially handled by the ADR Administrator. Consideration of ADR in appropriate cases - In connection with the conference held pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, all litigants and counsel must consider and discuss the use of an appropriate ADR process at a suitable stage of the litigation. Confidentiality - All ADR proceedings are considered to be compromise negotiations within the meaning of Fed. R. Evid. 408.

Status of discovery, motions and trial during the ADR process - Any case referred to ADR continues to be subject to management by the judge to whom it is assigned. Parties may file motions and engage in discovery. Selection of a case for ADR has no effect on the normal progress of the case toward trial. Referral of a case to ADR is not grounds to avoid or postpone any deadline or obligation imposed by the case management order unless so ordered by the court.

Qualifications for neutrals - To be qualified to act as a neutral (i.e., facilitative mediator, early neutral evaluator, case evaluator, or arbitrator), an attorney must satisfy all special requirements applicable to a particular ADR program as identified in the program description available on the court’s website. Attorneys’ responsibility for payment of fees - The attorney or law firm representing a party participating in ADR is directly responsible for fees payable to the court or to neutrals. Pro se parties are personally responsible for fees. To the extent consistent with ethical rules, the attorney or firm may seek reimbursement from the client.

If any attorney or pro se party is delinquent in paying any fee required to be paid to a neutral under these rules, the neutral may petition the court for an order directing payment, and any judge assigned to the case may order payment, upon pain of contempt. Pro bono service - In cases in which one or more parties cannot afford the fees of a neutral, the court may request that the neutral serve pro bono, by waiving or reducing the fee for the indigent party. All other parties are expected to pay the full fee. 16.3 Voluntary Facilitative Mediation Definition - Voluntary Facilitative Mediation (VFM) is a flexible, nonbinding dispute resolution process in which an impartial third party—the mediator—facilitates negotiations among the parties to help them reach settlement.

VFM seeks to expand traditional settlement discussions and broaden resolution options, often by going beyond the issues in controversy. The mediator, who may meet jointly and separately with the parties, serves as a facilitator only and does not decide issues or make findings of fact. Cases will be assigned to VFM only if the presiding judge is satisfied that the selection of VFM is purely voluntary and with full approval of all parties. Program description - Procedures and other details regarding the VFM process are governed by the program description, available on the court’s website.

16.4 Early Neutral Evaluation Definition - Early Neutral Evaluation (ENE) is a flexible, nonbinding dispute resolution process in which an experienced neutral attorney meets with the parties early in the case to evaluate its strengths and weaknesses and the value that it may have, and also attempts to negotiate a settlement. Program description - Procedures and other details regarding the ENE process are governed by the program description, available on the court’s website. 16.5 Case Evaluation Definition - The case evaluation program affords litigants an ADR process patterned after that extensively used in the courts of the State of Michigan. See Mich.

Comp. Laws §§ 600.4951-.4969; Mich. Ct.

R. 2.403.

Case evaluation principally involves establishment of the settlement value of a case by a three-member panel of attorneys. The court may order that any civil case in which damages are sought be submitted to case evaluation; certain tort cases in which the rule of decision is supplied by Michigan law must be submitted to case evaluation, unless the parties unanimously agree to submit the case to voluntary facilitative mediation. Program description - Procedures and other details regarding the standard and blue ribbon case evaluation processes are found in the program description, available on the court’s website. 16.6 Settlement conferences - The court may order a settlement conference to be held before a judge.

All parties may be required to be present. For parties that are not natural persons, a natural person representing that party who possesses ultimate settlement authority may be required to attend the settlement conference. In cases where an insured party does not have full settlement authority, an official of the insurer with ultimate authority to negotiate a settlement may also be required to attend. --> 16.1 Early scheduling conference - The court may order that an early scheduling conference be held before a judge either in open court, in chambers, or at the discretion of the court, by telephone. Following this conference, the court will issue a case management order establishing a timetable for disposition of the case.

Parties may refer to the court’s website for judicial guidelines on the court’s pretrial and trial practice. 16.2 Alternative Dispute Resolution: General provisions ADR favored - The judges of this district favor alternative dispute resolution (ADR) methods in those cases where the parties and the court agree that ADR may help resolve the case. The ADR methods approved by these rules include Voluntary Facilitative Mediation ( LCivR 16.3 ); Early Neutral Evaluation ( LCivR 16.4 ); Case Evaluation ( LCivR 16.5 ); and Settlement Conferences ( LCivR 16.6 ). In addition, the court will consider other ADR methods proposed by the parties (e.g., Summary Trials).

Court administration of the ADR program Program description and administration - Each ADR program is governed by these rules and the provisions of a program description, which is incorporated into these rules by reference. The program description for each ADR method is available on the court’s website and is published in a form suitable for reference by attorneys and their clients. The ADR program is administered by the clerk’s office. Problems are initially handled by the ADR Administrator.

Consideration of ADR in appropriate cases - In connection with the conference held pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, all litigants and counsel must consider and discuss the use of an appropriate ADR process at a suitable stage of the litigation. Confidentiality - All ADR proceedings are considered to be compromise negotiations within the meaning of Fed. R. Evid. 408. Status of discovery, motions and trial during the ADR process - Any case referred to ADR continues to be subject to management by the judge to whom it is assigned. Parties may file motions and engage in discovery.

Selection of a case for ADR has no effect on the normal progress of the case toward trial. Referral of a case to ADR is not grounds to avoid or postpone any deadline or obligation imposed by the case management order unless so ordered by the court. Qualifications for neutrals - To be qualified to act as a neutral (i.e., facilitative mediator, early neutral evaluator, case evaluator, or arbitrator), an attorney must satisfy all special requirements applicable to a particular ADR program as identified in the program description available on the court’s website . Attorneys’ responsibility for payment of fees - The attorney or law firm representing a party participating in ADR is directly responsible for fees payable to the court or to neutrals.

Pro se parties are personally responsible for fees. To the extent consistent with ethical rules, the attorney or firm may seek reimbursement from the client. If any attorney or pro se party is delinquent in paying any fee required to be paid to a neutral under these rules, the neutral may petition the court for an order directing payment, and any judge assigned to the case may order payment, upon pain of contempt. Pro bono service - In cases in which one or more parties cannot afford the fees of a neutral, the court may request that the neutral serve pro bono, by waiving or reducing the fee for all participating parties.

16.3 Voluntary Facilitative Mediation Definition - Voluntary Facilitative Mediation (VFM) is a flexible, nonbinding dispute resolution process in which an impartial third party—the mediator—facilitates negotiations among the parties to help them reach settlement. VFM seeks to expand traditional settlement discussions and broaden resolution options, often by going beyond the issues in controversy. The mediator, who may meet jointly and separately with the parties, serves as a facilitator only and does not decide issues or make findings of fact. Program description - Procedures and other details regarding the VFM process are governed by the program description, available on the court’s website .

16.4 Early Neutral Evaluation Definition - Early Neutral Evaluation (ENE) is a flexible, nonbinding dispute resolution process in which an experienced neutral attorney meets with the parties early in the case to evaluate its strengths and weaknesses and the value that it may have, and also attempts to negotiate a settlement. Program description - Procedures and other details regarding the ENE process are governed by the program description, available on the court’s website. 16.5 Case Evaluation Definition - The case evaluation program affords litigants an ADR process patterned after that extensively used in the courts of the State of Michigan. See Mich.

Comp. Laws §§ 600.4951-.4969; Mich. Ct.

R. 2.403.

Case evaluation principally involves establishment of the settlement value of a case by a three-member panel of attorneys. The court may order that any civil case in which damages are sought be submitted to case evaluation; certain tort cases in which the rule of decision is supplied by Michigan law must be submitted to case evaluation, unless the parties unanimously agree to submit the case to voluntary facilitative mediation. Program description - Procedures and other details regarding the standard and blue ribbon case evaluation processes are found in the program description, available on the court’s website . Pages 1 2 next › last » Search this site Contact Us Local Civil Rules | Western District of Michigan | United States District Court Skip to main content United States District Court Western District of Michigan Hala Y. Jarbou, Chief Judge Ann E. Filkins, Clerk of Court Search form Search this site Text Size: Decrease font size Reset font size Increase font size Home Court Information Court Locations Court Holidays Current Rates, Fees and Other Information Transcript Orders and Fee Rates Frequently Asked Questions Employment Opportunities Court History Court Tours Judges' Info Chief Judge Hala Y. Jarbou Judge Paul L. Maloney Judge Robert J. Jonker Judge Jane M. Beckering Magistrate Judge Phillip J. Green Magistrate Judge Ray Kent Magistrate Judge Maarten Vermaat Magistrate Judge Sally J. Berens Court Reporters Judicial Seminars Disclosure Judicial Conduct and Disability For Attorneys General Information Civil Case Information Criminal Case Information For Jurors eJuror (Respond Online/Check Status) Request an Excuse or Deferral Reporting Information Juror Documents Contact the Jury Department Frequently Asked Questions Jury Scams!!

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VI.

TRIALS