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ADR Processes

 
 

Conciliatory ADR

EARLY NEUTRAL EVALUATION LR 16.5(a) is a pretrial process involving a neutral evaluator from the Federal Court Panel of neutrals who meets with the parties early in the case to help them focus on the issues, organize discovery, work expeditiously to prepare the case for trial, and, if possible, settle all or part of the case. If the case will not be settled through ENE, the neutral evaluator will provide the parties with an evaluation of the legal and factual issues.

 

MEDIATION LR 16.6 (a) is an informal, non-binding settlement negotiation process in which a neutral mediator from the Federal Court Panel attempts to help the parties overcome obstacles to settlement.

 

Other ADR Procedures LR 16.7

A judge may utilize other methods of court-annexed alternative dispute resolution procedures, including Summary Jury Trial, Summary Bench Trial and Arbitration, or recommend or facilitate the use of any extrajudicial procedures for dispute resolution not otherwise provided for by the LR.

 

In the event a reference to extrajudicial procedures is made, all further court-annexed case management procedures may be stayed and an administrative closing of the case may be made pursuant to Administrative Office guidelines for cases in which all presently contemplated proceedings have bee completed.

 

If the case is resolved extrajudicially, then the administrative closing order may be supplemented with a terminal dispositive order. If the case is not resolved extrajudicially, the case may be returned to a court-annexed case management protocol for processing and ultimate decision.

 

Neutrals

The Federal Court Panel of Neutrals is comprised of over 240 prominent attorneys and financial experts who serve, predominantly on a pro bono basis, as neutrals on cases referred to Early Neutral Evaluation, Mediation and court-annexed Arbitration.