Other Court ADR Processes (a) Non-binding Arbitration. Non-binding arbitration is an adjudicative process in which an arbitrator or a panel of three arbitrators issues a non-binding judgment (“award”

Because testimony is taken under oath and is subject to cross-examination, arbitration can be especially useful in cases that turn on credibility of witnesses. Arbitrators do not facilitate settlement discussions. Parties considering a non-binding arbitration are encouraged to contact the ADR Unit for assistance in structuring a non-binding arbitration tailored to their case. (b) Non-binding Summary Bench or Jury Trial.

A summary bench or jury trial is a flexible, non-binding process designed to promote settlement in complex, trial-ready cases headed for protracted trials. The process provides litigants and their counsel with an advisory verdict after a short hearing in which the evidence may be presented in condensed form, usually by counsel and sometimes through witnesses. This procedure, as ordinarily structured, provides the litigants an opportunity to ask questions and hear the reactions of the Judge or jury. The Judge’s or jury’s nonbinding verdict and reactions to the legal and factual arguments are used as bases for subsequent settlement negotiations.

Parties considering a non-binding summary trial are encouraged to contact the ADR Unit for assistance in structuring a summary trial tailored to their case. (c) Special Masters. Under Fed. R.Civ. P. 53, the Court may appoint special masters to serve a wide variety of functions, including, but not limited to: discovery manager, fact finder or host of settlement negotiations. The Court may refer a case to a special master on its own initiative, on the request of a party, or upon stipulation of the parties.

The precise roles and responsibilities of the special master shall be defined in the case specific order of reference. Generally the parties pay the special master’s fees.