Description Most civil cases are assigned at filing to the ADR Multi-Option Program, in which the parties are presumptively required to participate in one non-binding ADR process offered by the Court

With the assigned Judge’s permission, the parties may substitute an ADR process offered by a private provider. On or before the date set forth in the Order Setting Initial Case Management Conference and ADR Deadlines, counsel and client must sign, serve, and file the ADR Certification as set forth in ADR L.R. 3-5, and counsel must meet and confer in an effort to agree on an ADR process option. If, after meeting and conferring, the parties need specialized assistance to select or customize an ADR process, they may request a joint phone conference with the legal staff of the ADR Unit. Counsel must include in their joint case management statement a report on the status of ADR, specifying which ADR process option they have selected and a proposed deadline by which the parties will conduct the ADR session, or, if they do not agree, setting forth which option and timing each party prefers.

Unless the assigned Judge already has approved a stipulation to an ADR process, the assigned Judge will discuss ADR options with counsel at the initial case management conference. With the benefit of input from the parties and, if provided, from the legal staff of the ADR Unit, the Judge will select one of the ADR processes offered by the Court, unless persuaded that the case is not ripe for an ADR referral or that no ADR process is likely to deliver benefits to the parties sufficient to justify the resources devoted to it. Commentary Counsel are encouraged to reach agreements about what information the parties need to exchange, formally or informally, in order to be ready to participate in ADR. Counsel should stipulate to an ADR process that will take place within the presumptive 90-day deadline set forth in ADR L.R. 3-7 if they agree that the parties will be ready to participate meaningfully in the selected ADR process in that time frame.

Counsel should defer their selection of an ADR process to the case management conference if they disagree or have questions about the most appropriate ADR process or timing. Cross Reference See Case Management Conference provisions of Civil L.R. 16.