COMPENSATION OF NEUTRALS

A Neutral’s fees shall be shared equally by all separately represented parties, unless otherwise agreed by the parties or ordered by the Court. 5 4.1 (a) (b) 4.2 (a) (b) SECTION 4 – APPROVED ADR PLAN INTERVENTIONS ADR INTERVENTIONS Options. The cases referred for ADR will proceed to Mediation. The parties, however, may also agree to pursue any further additional ADR options (e.g., arbitration) should they agree to do so.

Scheduling. The referral of a case to ADR does not delay or defer other dates established in the Scheduling Order and has no effect on the scheduled progress of the case toward trial.

SELECTING AN ADR INTERVENTION

New Cases. Prior to the Rule 16 scheduling conference, counsel and any unrepresented parties shall confer about ADR as part of their discussion of “the possibilities for a prompt settlement or resolution of the case” pursuant to Fed. R. Civ. P. 26(f). Unless the parties agree to a different intervention (e.g., arbitration), it is presumed that they will participate in mediation. The parties shall attempt to agree upon a Neutral and, at the scheduling conference, shall be prepared to report on the outcome of their ADR discussion.

The initial Scheduling Order shall include a deadline for the completion of ADR. Pending Cases. In pending cases, all sua sponte referrals will be to mediation. Should the parties agree that a different ADR intervention is more appropriate to their case, they may submit a stipulation designating the specific ADR intervention selected, the time frame within which the ADR process will be completed and the identity of the Neutral.

Stipulations must be filed within fourteen (14) days from the date of the ADR Referral Order and are presumed acceptable unless the assigned Judge determines that the interests of justice are not served.