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This is the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of Tennessee (the “ADR Plan”). 1.2 (a) PURPOSE AND SCOPE Purpose. The United States District Court for the Western District of Tennessee (the “Court”) adopted this ADR Plan on March 1, 2014 (the “Effective Date”), to make available to civil litigants court-administered ADR interventions and processes designed to provide quicker, less expensive and potentially more satisfying alternatives to continuing litigation, without impairing the quality of justice or the right to trial. (b) Scope.

This ADR Plan applies to civil actions pending or commenced on and after the Effective Date, except as otherwise indicated herein. The ADR Plan supplements this Court’s Local Rules of Civil Procedure, which shall remain in full effect for all cases. (c) Magistrate Judge Consent Cases. In cases where the parties have consented to jurisdiction by a Magistrate Judge under 28 U.S.C. § 636, the Magistrate Judge shall have the same powers as the District Court Judge originally assigned to the case.

(d) Plan Administration. (1) (2) Staffing. The Court will utilize its current staff to assist in implementation of the ADR Plan. ADR Information and Guidelines.

Further information about the ADR Plan is available at http://www.tnwd.uscourts.gov and also at the Court Clerk’s office. 1 SECTION 2 – OVERVIEW 2.1 (a) REFERRAL TO ADR New Cases. All civil cases filed on and after the Effective Date of the ADR Plan shall be referred automatically for ADR. Notice of the ADR requirements will be provided to all parties immediately upon the filing of a complaint and answer or a notice of removal.

ADR intervention will be scheduled at the Rule 16 scheduling conference. Note: cases assigned to the administrative track and the pro se prisoner track, as defined by LR 16.2(b)(1) and (2), are exempt from automatic ADR referral. (b) Pending Cases. The assigned Judge on any pending civil case may, sua sponte or at a status conference, issue an order referring the case for ADR.

The order shall specify a date by which the ADR intervention is to occur. A pending case may also be referred for ADR by stipulation of all parties. Stipulations shall be filed and shall designate the specific ADR intervention the parties have selected, the time frame within which the ADR process will be completed and the selected Neutral. Stipulations are presumed acceptable unless the assigned Judge determines that the interests of justice are not served.

2.2 (a) RELIEF FROM ADR REFERRAL Opting Out Motions. Any party may file, with the assigned Judge for that case, a motion to opt out of, or for relief from, ADR. (b) Motion. Opting Out Motions must be made within fourteen (14) days from (i) the date of the Rule 16 scheduling conference in new cases, or (ii) the date of a ADR referral order in pending cases.

(c) (d) 2.3 (a) (b) Criteria. Opting Out Motions shall be granted only for good cause shown. Inconvenience, travel costs, attorney fees or other costs shall not constitute good cause. A party seeking relief from ADR must set forth the reasons why ADR has no reasonable chance of being productive.

Judicial Initiative. The assigned Judge may, sua sponte, exempt any case from the Court's ADR Plan.

VIOLATIONS OF THE ADR PLAN

Report of Violation. A Neutral may report to the assigned Judge any failure to attend an ADR conference or to substantially comply with the ADR Referral Order. Proceedings and Sanctions in Response to Report of Violation. Upon receipt of such a report, the Court may take whatever actions it deems appropriate, including issuing an order to show cause why sanctions should not be imposed.

Show cause hearings shall be 2 conducted on the record, but under seal. If sanctions are imposed, objections thereto and any other comment thereon shall be filed with the Court within fourteen (14) days from the date of the notice of sanctions and contemporaneously served on all other counsel, unrepresented parties and the Neutral.