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ADR in the Federal Courts –District-by-District Summaries revised 2016

District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR process? Mediation Services Neutrals Requirement Available Completely voluntary - Judicial Officer. ALM “The [C]ourt strictly enforces the requires both parties’ See Mediating in the confidentiality of mediation.” consent. Parties are Middle District of Middle See L.R. 16.1; Mediating in the required, however, “to Alabama. Middle District of Alabama. consider whether

mediation will assist

the parties in resolving”

their case.

See L.R. 16.1;

Mediating in the

Middle District of

Alabama. Ordered by the Court or The Court maintains a Panel neutrals are The Court may ALN Parties or “The parties and the mediator by agreement of all panel of private compensated at impose sanctions for Alabama representatives may not disclose information parties. If ordered, a neutrals. The neutral is reasonable rates agreed failure to attend Northern and their primary regarding the process, including party may file either selected by the to by the parties or set mediation attorneys must the terms of settlement, except as objections. If the Court or by agreement by the court. Parties conferences. attend mediation required by law or otherwise parties want to utilize a of all parties. split fees unless court See Alternative conferences. agreed by the parties. . . . The form of ADR other See Alternative Dispute orders or parties agree Dispute Resolution See Alternative mediation process must be treated than mediation, the Resolution Plan. otherwise. Volunteer Plan. Dispute as a compromise negotiation or Court may permit them panel neutrals are asked Resolution Plan. purposes of the Federal Rules of to do so. to provide up to 5 hours Evidence and State rules of See L.R. 16.1; of uncompensated evidence.” Alternative Dispute services each year. See Alternative Dispute Resolution Plan. See Alternative Dispute Resolution Plan. Resolution Plan.

District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available ALS Ordered by the Court or Magistrate Judge, panel Parties must bear Parties or The Court may The mediation process shall be Alabama by agreement of all neutral or appropriate expenses equally unless representatives impose sanctions for treated as a compromise Southern parties. If ordered, a neutral evaluator. otherwise agreed to by and their primary failure to attend negotiation for the purposes of party may file See L.R 16(d). the parties or ordered attorneys must mediation the FRE and State rules of objections. by the court. Mediator attend mediation conferences. evidence. As a result, any See L.R. 16(d); must be compensated at conferences. See Alternative information revealed and not Alternative Dispute a "reasonable rate.” Dispute Resolution otherwise known by the opposing Resolution Plan. See Alternative Dispute See Alternative Plan. party is inadmissible for any Resolution Plan. Dispute purpose absent a specific ruling Resolution Plan. by the Court. See Alternative Dispute Resolution Plan. AK The Court may order Either a private neutral Paid according to No communication by a mediator mediation upon the that the parties agree mediator's fee schedule. or any other person during the request of one or both upon, or a judicial Parties share cost mediation may be disclosed parties, or on the officer (who is not equally unless unless all parties and the mediator Court’s own motion. assigned to case and otherwise agreed on by consent. Mediation or settlement See L.R. 16.2. who consents to serve). parties or ordered by statements may not be disclosed See L.R. 16.2(e)(2). court. Court may without the parties’ express intervene if there is a consent and are not admissible in

dispute regarding any proceeding. However, there compensation. See are some limited exceptions if L.R. 16.2(i). disclosure is (1) not prohibited by law; (2) necessary to prevent manifest injustice; and (3) necessity outweighs need for confidentiality. See L.R. 16.2(i).

AZ The Court may order Magistrate judge. See Yes. See Yes. See Settlement “All communications and mediation or ENE; The L.R. 83.10 Settlement Conference Orders information exchanged during the Court may offer or the Conference Orders for Magistrate settlement process, not otherwise parties may request all for Magistrate Judges: Bade, discoverable, will not be other methods. Judges: Bade, Boyle, and Burns admissible in evidence for any See L.R. 83.10 Boyle, and Burns purpose.” See Boyle Order; see also Bade and Burns Orders.

District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available ARE Parties must “consider” Magistrate judges are “Communications of litigants, the use of ADR, except authorized to conduct attorneys and magistrate judges Eastern in exempted cases. settlement conferences. during the ADR process are amended See General Order 50. See General Order 50. confidential, and disclosure of 2012 these communications is prohibited.” See General Order 50. ARW Parties must "consider" Magistrate judges are “Communications of litigants, Arkansas the use of ADR, except authorized to conduct attorneys and magistrate judges Western in exempted cases. settlement conferences. during the ADR process are See General Order 32. See General Order 32. confidential, and disclosure of these communications is prohibited.” See General Order 32. CAC Cases are either Individual from Preparation time and Parties or a Sanctions may be Confidential information shall presumptively referred Mediator Panel list; the first three hours are representative imposed. See include: written mediation Central to the Court - Directed District Judge, provided free of charge. with final General Order 11-10 statements; documents prepared ADR program or magistrate judge, or After three hours, the authority to settle (section 10). for purpose of, in the course of, or referred following an private neutral. See panel mediator may: (1) must attend. The pursuant to mediation; anything individual or joint General Order 11-10 permit the parties to Mediator has the that happened or was said relating request made during the (sections 3, 5 and 6). conclude mediation; (2) discretion to allow to the subject matter of the case in rule 26(f) conference. continue to mediate parties residing mediation; any position taken; Certain categories of without compensation; outside the district and any view of the merits of the cases are exempted or (3) continue to to participate by case expressed by any participant. from Court-Directed mediate at rates agreed telephone. Trial There are limited exceptions to ADR Program. See upon by neutral and Attorneys must the confidentiality rule and the General Order 11-10 parties. See General also be present. mediator may ask the parties to (sections 5 and 6). Order 11-10 See General Order sign a confidentiality agreement. (section 3). 11-10 (section 8). See General Order 11-10 (section 9).

District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available CAE Cases are either Either a Voluntary Neutrals served without Parties and their Sanctions may be Except as provided in this rule California presumptively referred Dispute Resolution compensation. lead counsel are imposed. and except as otherwise required Eastern to the Voluntary Program (VDRP) See L.R. 271 required to attend See L.R. 271 by law, all communications made Dispute Resolution volunteer panel neutral (section G). in person. (section P). in any VDRP proceeding shall be Program (VDRP) or or a private neutral. Requests to attend privileged and confidential unless referred following an See L.R. 271 telephonically stipulated in writing by all parties joint request made by (section E). may be granted if and the Neutral. the parties. Certain attendance would See L.R. 271 (section M). categories of cases are impose a serious exempted from the and unjustifiable VDRP. Referral to hardship, but VDRP may be ordered requests may only for discrete subparts of be made after complex cases. conferring with See L.R. 271 (sections opposing counsel. A-C). See L.R. 271 (section L). CAN Most cases are ADR neutrals may be The ADR program Parties and their Sanctions may be Confidential information shall California automatically assigned individuals from the requires that neutrals lead counsel are imposed. include: written ADR statements; Northern to ADR. Cases may certified ADR panel, volunteer preparation required to attend See ADR L.R. 2-4. documents prepared for purpose also be assigned to legal staff of ADR time and the first four in person. of, in the course of, or pursuant to ADR following a joint Unit, private neutrals, hours. Afterwards, the Requests to attend ADR; anything that happened or stipulation by all or judicial officers. neutral may (1) telephonically was said relating to the subject parties, or by Court See ADR L.R. 2-5. continue to volunteer, may be granted if matter of the case in ADR; any order following a (2) conclude the ADR attendance would position taken; and any view of party’s motion or the procedure, or (3) be impose a serious the merits of the case expressed Court’s own initiative. paid a rate that the and unjustifiable by any participant. There are A party that has been parties agree to pay. hardship, but limited exceptions to this rule and automatically referred If necessary, other requests may only the ADR neutral may ask the to ADR may seek relief arrangements can be be made after parties to sign a confidentiality from automatic referral. made. Private ADR conferring with agreement. See ADR L.R. 5- See ADR L.R. 3-3. may be subject to opposing counsel. 12(ENE); 6-12 (Mediation); 7-4 different rules. See See ADR L.R. 5- (Settlement Conferences). ADR L.R. 5-3 and 6-3. 10 and 6-10. Note: Private ADR proceedings are not subject to these rules. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available ENE conferences are ENE conferences are ENE conferences are “informal, CAS Counsel and the required in all cases. If conducted by the off the record, privileged, and California parties must a settlement is not judicial officer assigned confidential.” Southern appear for the reached at the ENE to supervise discovery See L.R. 16.1(c). ENE conference conference, the parties in a particular case. with authority to can agree to or judicial See L.R. 16.1(c). discuss and enter officer can refer to non- into settlement. binding arbitration or See L.R. 16.1(c). mediation.

See L.R. 16.1(c). Litigants in civil Magistrate Judges serve A party or the magistrate judge CO A magistrate actions "shall consider" as neutrals in ENE shall not voluntarily disclose or judge may direct the use of an ADR conferences. The rule be required to disclose any the parties to process. Additionally, does not address other information concerning any engage in ENE or a judicial officer may ADR processes. communication provided in other ADR direct parties to engage See L.R. 16.6(b). confidence to the magistrate proceedings. in ENE or other ADR judge in connection with an ADR See L.R. 16.6(e). processes. proceeding.

See L.R. 16.6(a). See L.R. 16.6(e). Referral to ADR is ADR Providers may All ADR sessions shall be CT Attendance “shall voluntary. include “a court - deemed confidential and Conn. take precedence See L.R. 16(h). annexed ADR project protected by the provisions of over all non- [Special Master or Fed. R. Evid. 408 and Fed. R. judicially assigned panel mediator]; a Civ. P. 68. No statement made or matters.” profit or non-profit document produced as a part of See L.R. 16(h). private organization; or an ADR proceeding, not

any qualified person or otherwise discoverable or

panel selected by the obtainable, shall be admissible as

parties. See L.R. 16(h). evidence or subject to discovery.

See L.R. 16(h). DE Magistrate judges in Magistrate Judges Trial counsel or Sanctions may be Information disclosed during civil matters are to conduct ADR. decision makers imposed for mediation, including the contents “conduct various with full authority violations of the of any written submissions, is alternative dispute See Overview of to settle the case confidentiality rule. confidential and may not be resolution processes.” Mediation/ADR must attend. disclosed without consent and See L.R. 72.1. Processes for Fallon, may not be used in any litigation, Burke, and Thynge. absent a court order. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available DC Mediation is either Mediators are either Mediators from court- Counsel and Sanctions may be With some limited and District of voluntary or from a court-certified certified panel serve parties with imposed if deemed exceptions, no communications or Columbia mandatory . panel or private. pro bono. Private settlement appropriate. information acquired through See L.R. 84.3. See L.R. 84.3. neutrals may charge. authority must See L.R. 84.10. mediation shall be used in any See L.R. 84.3. attend. pending or future proceeding. See L.R. 84.8. See L.R. 84.9. Court-annexed Mediators are from a The presumption is that Sanctions may be All proceedings, including FLM All parties, mediation may be list of mediators that parties will arrange imposed. statements made during corporate ordered or the parties certified by the Court. to split and pay a See L.R. 9.05. mediation, are privileged in all Middle representatives or may voluntarily request See L.R. 9.02. reasonable rate the respects. The proceedings may other claims mediation. However, certified mediator. See not be reported, recorded, placed professionals must certain categories of Arbitrators are also L.R. 9.02. into evidence, made known to the be present at the cases and cases that certified by the Court. Arbitrators are paid by Court or construed as an mediation or have been arbitrated are See L.R. 8.01. the Administrative admission against interest. arbitration. See exempt. Arbitration is Office of the United See L.R. 9.07. L.R. 9.05; see also voluntary. States Courts. See L.R. L.R. 8.04. See L.R. 9.03. 8.01. FLN The Court may order Either court certified Fees charged shall be Everything said during a Florida the parties to mediate mediator or (by mutual reasonable and mediation or settlement Northern and the parties may agreement and with consistent with the conference—other than the terms agree to mediate court approval) private nature of the case. of any settlement agreement

voluntarily. mediator. See Florida See Florida Rules for itself—is confidential and See L.R. 16.3. Rules for Certified and Certified and Court- inadmissible as a settlement Court-Appointed Appointed Mediators negotiation. See L.R. 16.3. Mediators. Rule 10.380. Mediation is mandatory Parties are encouraged The Court sets the rate All proceedings of the mediation FLS Attendance at the Failure to attend no later than 60 days to use certified for compensating the are confidential and privileged in Florida mediation scheduled mediation before the scheduled mediator from court certified mediators. all respects under federal law and Southern conference is conference may trial date in every civil panel but both parties The parties may also Florida Statutes § 44.405. The required. result in sanctions. case except the 13 may agree to use agree in writing to a proceedings may not be reported, See L.R. 16.2(e). See L.R. 16.2(e). categories listed in the private mediator. different rate. The recorded, placed into evidence,

L.R. See L.R. 16.2(c). presumption is that the made known to the Court or

The parties may also parties will split the construed as an admission against

stipulate to the use of fees equally. interest. See L.R. 16.2(g).

mediation. See L.R. 16.2(b).

District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available GAM In every case, attorneys and their clients are Middle required to consider whether ADR could help to resolve their case. See Standards of Conduct #10 in L.R. s. Parties required to Judges appoint the Parties are encouraged Litigants and their Every ADR process is treated as a GAN The willful failure to “consider” ADR. ADR neutral. The to agree upon the lead attorneys compromise negotiation for the Georgia attend ADR Court may refer any parties may each send a compensation for the must attend ADR purposes of the Federal Rules of Northern conference may case to non-binding list of three neutrals ADR neutral at or conference unless Evidence and the Georgia Rules result in sanctions. ADR process or, with and may also agree before the first excused for good of Evidence. No record may be See L.R. 16.7 (I). parties' consent, to upon a list. The Court- conference. See L.R. cause. See L.R. made and the ADR neutral is

binding ADR process. annexed ADR program 16.7(M). 16.7 (I). disqualified from appearing in

See L.R. 16.7(D). has not been funded by any proceeding. See L.R. 16.7;

Congress. see also section I regarding

See L.R. 16.7(F). confidentiality statements. Mediation is voluntary. Any neutral that the Attorneys and All communications in the GAS The Court may See L.R. 16.7.5. Court deems to be parties must mediation conference are Georgia impose sanctions if a “qualified and physically attend confidential and shall not be Southern person fails to attend appropriate for the entire mediation discoverable or admissible in any a mediation case” or any person conference unless proceeding, and shall not be conference without jointly requested by the excused by the communicated to any judicial good cause. parties. See L.R. mediator. See officer while the case is pending. See L.R. 16.7.6. 16.7.4. L.R. 16.7.6. See L.R. 16.7.8. GU The Court may order, Judicial officers, Fees are listed on the and the parties may approved mediators, or Court’s website. request a judicial other mediator selected Parties contribute settlement conference by mutual agreement. equally to mediator's or mediation. The The parties may also fee, unless they agree

parties must consent in select an arbitrator from otherwise. See L.R. writing before an approved list or an 16-2. Arbitration will be arbitrator not on the list ordered. with Court approval. See L.R. 16-2. See L.R. 16-2. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available HI Settlement conferences Magistrate judges Unless otherwise Lead counsel and The Court may All communications made in before magistrate preside over settlement stipulated by the parties client (or third impose sanctions connection with mediation are judges are mandatory in conferences; the Court and/or ordered by the person with full against an attorney, subject to Fed. R. Evid. 408. every civil action. See maintains a list of court, each party is settlement party or person with Mediators and parties shall not L.R. 16.5. Parties are mediators who have responsible for a pro- authority) required authority who fails communicate with the Court required to consider been recommended by rata share of the to attend to attend a about the substance of any mediation and other the mediation judge and mediator’s fees and settlement settlement position, offer or other matter ADR processes. The approved by the Court. expenses. See L.R. conferences and conference. See relating to the mediation without Court may order or the See L.R. 88.1. 88.1. mediation L.R. 16.5. the consent of all parties, unless it parties may stipulate to conference in is required to adjudicate a dispute mediation and other person. See L.R. over fees, or an attorney ADR processes. 16.5. disciplinary proceeding. See L.R. 88.1. See L.R. 88.1.

ID Any party may request Magistrate judges or court may order preside over settlement settlement conference conferences; Mediators or mediation. For and Arbitrators may be arbitration, any party selected from a list may make request, but maintained by the written consent of all court; and the parties parties and their may select mediator off counsel required before the list by mutual judge may issue order. agreement or off the See L.R. 16.4. arbitrator list with Court approval. See L.R. 16.4. ADR is strictly District Court and Sanctions may be Mediation is confidential. Neither ILC Each party (or voluntary. Parties are magistrate judges serve imposed for the party, nor the mediator may authorized encouraged to use as neutrals for ADR willful failure to disclose information regarding Central representative) ADR, whether through through the court’s attend a mediation the process to the Court or third and their lead the Court’s program or ADR program (but conference. See party without consent. The attorney must with a private mediator assigned trial judge is L.R. 16.4 (E). process is treated like a attend all or neutral. See L.R. excluded); or private compromise negotiation for mediation 16.4 (D & E). neutral. See Mediation purposes of evidentiary rules. conferences. See Order for MJ Schanzle- See L.R. 16.4 (E). L.R. 16.4 (E). Haskins District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available ILN Illinois Northern

Unless the case falls Judicial officer The lead counsel ILS Statements or other under an exception and representative Illinois communications made in relation under L.R. 26.1(a), an for each party or Southern to settlement conferences “shall early settlement the party’s remain confidential and shall not conference is insurance be admissible or used in any mandatory. The Court company are fashion in the trial of the case or may also order required to attend any related case.” See L.R. 16.3. summary jury trial or all settlement

other ADR at its conferences. See

discretion. L.R. 16.3.

See L.R. 16.3. INN The Court may order The Court maintains a The Court may set the The parties and The Court may Mediation shall be regarded as mediation or ENE in list of neutral available hourly rate and the their attorneys impose sanctions settlement negotiations as Northern any civil case. Also, the for mediation or ENE. division of such costs shall be present against any attorney, governed by Ind. Evidence Rule parties must confer and See L.R. 16-6. by the parties. unless otherwise or party 408. The confidentiality advise whether they See the Ind. ADR R. agreed. representative who requirement may not be waived will utilize a voluntary (2.6). See the Ind. ADR fails to comply with by the parties. ADR process. R. (2.7). the rules. See Ind. ADR R. (2.11). See L.R. 16-6. See Ind. ADR R. (2.10).

INS Voluntary and Mediator from the Each mediator to whom The parties, their Sanctions may be Written or oral communications Indiana considered separate Indiana Mediator a civil action is referred attorneys, and imposed against any made during the course of ADR Southern from settlement registry or a private shall be compensated at other persons with person who fails to proceedings are confidential and conferences and mediator by agreement. a rate agreed upon by settlement comply with the treated as settlement negotiations mediation conducted by If parties cannot agree, the parties and the authority shall be rules. for evidentiary purposes. judicial officers. See the judicial officer will Mediator. See L.R. of present at all See L.R. of ADR. See L.R. of ADR. L.R. of ADR. assist with selection. ADR. mediation sessions See L.R. of ADR. unless otherwise agreed. See L.R. of ADR. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available

IA Voluntary. The court’s Private mediators are All statements made during or in preference is private the preferred provider. relation to court-sponsored ADR Northern mediation, but it will However, in some proceedings are confidential. and consider other methods cases judicial officers Furthermore, neither the neutral Southern at party ’ s request or on or other qualified nor the settlement judge may its own initiative (i.e., neutrals will provide inform the trial judge of any court-sponsored ADR services. positions taken during ADR settlement conference). See L.R. 16.2. proceedings. See L.R. 16.2. See L.R. 16.2. KS In most cases, the Court Private mediators who Mediators are paid at Attendance by Court may impose Yes, except as expressly will direct the parties to meet the Court’s the rate negotiated by party or sanctions in provided, "this court, the mediate their dispute minimum requirements. the attorneys and representative appropriate mediator, all attorneys, the with a private mediator. In limited mediator. The fee is mandatory, unless circumstances as parties, and any other persons In appropriate cases, circumstances, judicial divided by agreement otherwise ordered provided in Fed. R. involved in the mediation must the court will facilitate officers may conduct or as ordered by the by the court; Civ. P. Rule 16(f). treat as “confidential information” other forms of ADR. ADR. See L.R. 16.3. court. In limited parties' attorney(s) See L.R. 16.3. the contents of written mediation See L.R. 16.3. circumstances, ADR also must be statements, anything that will be provided pro present. happened or was said, any bono or at a reduced See L.R. 16.3. position taken, and any view of rate to a party. the merits of the case formed by See L.R. 16.3. any participant in connection with any mediation." See L.R. 16.3.

KYE Voluntary or the Court Judicial officer or Positions taken and statements or may order, sua sponte. private professional concessions made during the Eastern See L.R. 16.2. mediator. mediation process shall not be and See L.R. 16.2. admissible as evidence during any court proceedings. Furthermore, Western the mediator may not be called or listed as a witness in any matter in which he or she served. See L.R. 16.2.

District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available LAE With the consent of the Private, qualified All alternative dispute resolution parties, a judicial mediator (listed in the proceedings are confidential. Eastern officer may refer a case register of civil See L.R. 16.3.1. to private mediation or mediators under La. R. another ADR process. S. 9:4106 or judicial The Court may also officer (depending on employ other dispute ADR method). resolution programs. See L.R. 16.3.1. See L.R. 16.3.1. LAM With the consent of the Private mediator or Alternative dispute resolution Louisiana parties, a judicial judicial officer. Proceedings shall be confidential. Middle officer may refer a case See L.R. 16(b). See L.R. 16(b). to private mediation or another ADR process. The Court may also employ other dispute resolution programs. See L.R. 16(b). LAW The Court may refer a Private, qualified All alternative dispute resolution Louisiana matter to ADR with the mediator (listed in the proceedings are confidential. Western parties’ consent. register of civil See L.R. 16.3.1. See L.R. 16.3.1. mediators under La. R.

S. 9:4106 or judicial officer (depending on ADR method). See L.R. 16.3.1. ME All court-annexed ADR Judicial officers (under ADR processes are confidential. is voluntary and court-annexed ADR, No one may disclose confidential nonbinding, unless the district and magistrate communications that reveal the parties agree otherwise. judges -- and positions taken (including any Parties are also bankruptcy judges as judicial officer not serving as a

encouraged to employ, schedules permit) and neutral). And, no such at their own expense, private neutrals. communications are admissible in any available ADR See L.R. 83.11. any subsequent proceeding, process. except as permitted by law. See See L.R. 83.11. L.R. 83.11. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available MD Voluntary, but litigants Magistrate Judges Trial counsel and The Court’s ADR process is are required to consider (serve on panel of a party confidential. Unless otherwise ADR. Arbitration is neutrals that Court representative agreed, no disclosure shall be only available if the makes available) or (or claims made to anyone (including the parties consent, in Private (upon representative) judicial officer to whom the case accordance with 8 agreement of parties). with full is assigned) of any dispute U.S.C. § 654. See L.R. 607. settlement resolution communication that in See L.R. 607. authority are any respect reveals the positions required to attend of the parties or advice or each settlement opinions of neutrals. No such conference held by communication shall be the Court. admissible in any subsequent See L.R. 607 proceeding except as permitted by the Federal Rules of Evidence. See L.R. 607. MA ADR is voluntary, but Private neutrals and Private mediators shall Representatives of Communications related to the Mass. judicial officers are judicial officers. be compensated as each party with subject matter of the dispute required to encourage See L.R. 16.4. agreed by the parties. settlement made during mediation by any the use of ADR. See L.R. 16.4. authority must participant, mediator, or any other

See L.R. 16.4. attend or be person present at the mediation available by phone shall be confidential under Fed. for settlement R. Evid. 408. See L.R. 16.4. conferences. MIE All litigants and Judicial officers may The mediator is paid All parties must Communications in ADR counsel must consider provide ADR services. his/her normal hourly attend mediation proceedings are confidential and Eastern and discuss the use of Mediators and case rate, unless otherwise sessions with their may not be disclosed or admitted an appropriate ADR evaluators may be (1) agreed in writing. lead counsel, in any proceeding. They are not process at a suitable selected by the parties Costs split among except if court subject to discovery, admissible state of the litigation. with approval of the parties. excuses in a proceeding, and may not be

See L.R. 16.3. judge, or (2) appointed See L.R. 16.3. attendance due to disclosed to anyone other than the by the judge. See L.R. extraordinary ADR participants unless the court 16.3. circumstances. permits disclosure. The mediator See L.R. 16.3. may not be compelled to produce documents relating to ADR matters. See L.R. 16.3. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available Mediation is voluntary. The Court maintains a The mediator or case ADR proceedings treated as MIW All parties must All litigants and list of mediators and evaluator is paid his/her compromise negotiations within Michigan attend mediation, counsel must consider case evaluators. normal hourly rate, the meaning of Fed. R. Evid. 408. Western case evaluation, or and discuss the use of Although the court does unless otherwise agreed See L.R. 16.2. ENE sessions with an appropriate ADR not maintain a list, the in writing. Costs are their lead counsel. process at a suitable parties may also select split among parties. See L.R. 16.2. stage of the litigation individuals to serve as See L.R. 16.2.

process. There are early neutral evaluators.

some situations in See L.R. 16.2.

which the Court may

order the use of ADR.

See L.R. 16.2. Mediated settlement Magistrate Judges serve Communications (1) made to a MN All parties must conferences are as neutrals. neutral during ADR process, and attend mediated mandatory. Court can See L.R. 16.5. (2) expressly identified as being settlement order mediation, ENE confidential, are confidential and conferences with arbitration, or other must not be disclosed without their lead counsel. ADR processes, but consent. See L.R. 16.5. See L.R. 16.5. only if parties consent.

See L.R. 16.5.

MOE The Court may refer Parties select a neutral Unless otherwise Parties and lead The Court may ADR proceedings are cases to mediation or from court’s list. The agreed, the parties shall counsel must impose sanctions for confidential; no communications Eastern ENE sua sponte. The clerk selects the neutral equally split the cost of attend. If parties the willful or made to the neutral are to be Court may refer cases if the parties cannot the neutral’s services. and neutral agree, negligent failure to disclosed. See L.R. 16-6.04. to other ADR processes agree. See L.R. 16- If a party lacks the attendance by attend any ADR only with parties’ 6.03. ability to pay, the party video satisfies the conference, consent. may file a motion requirement. See substantially comply See L.R. 16- 6.01. asking the court to L.R. 16-6.02. with the order appoint a neutral who referring the case to will serve pro bono. ADR, or participate See L.R. 16- 6.03. in the process in good faith. See L.R. 16-6.05. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available MOW Mediation is Party-compensated Outside mediators are Parties and lead The Court may All written and oral Missouri mandatory, with limited panel of outside compensated at “no counsel must impose sanctions for communications made in Western procedure for opting- mediators. more than [the] hourly attend all the failure to make a connection with ADR sessions out upon good cause rate listed by them in mediations or good faith effort to are treated as confidential and showing. Other forms their application filed ADR sessions. participate in the shall not be disclosed. of ADR may be with the Director and See General Order program. See General Order W.D. Mo. ordered by the Program shown on the List of W.D. Mo. See General Order Mediation and Assessment Director. See General Mediators.” With a Mediation and W.D. Mo. Mediation Program. Order W.D. Mo. written agreement, Assessment and Assessment Mediation and other arrangements Program. Program. Assessment Program. may be made. MSN An ADR process must Court-appointed panel Parties, lead Sanctions may be All communications made in be used unless or non-panel mediators. counsel, and local imposed for failure connection with mediation or Northern exempted by rule or at See L.R. 83.7. counsel if lead is to appear or failure settlement conference are and the discretion of the admitted pro hac to participate in confidential. There are some Southern Court. See L.R. 83.7. vice, must all good faith. limited exceptions to this rule. attend mediation See L.R. 83.7. See L.R. 83.7. or settlement conferences. See L.R. 83.7.

MT Court may order the The presiding judge A party with Sanctions may be All settlement proceedings are parties to participate in selects a mediator or settlement imposed for the confidential. All participants mediation or ENE, other neutral from a list authority must failure to participate must preserve the confidentiality either sua sponte, or on kept by the Clerk. See attend and in good faith. See of all communications made in motion of the parties. L.R. 16.5. participate in any L.R. 16.5. the course of ADR procedures. See L.R. 16.5. ADR procedure. See L.R. 16.5. See L.R. 16.5. NE Generally, mediation is The Court maintains a The parties are Each party, their The Court may Mediation sessions constitute voluntary, but the Court list of attorneys who expected to share authorized impose sanctions for settlement negotiations. All may order mediation. serve as private equally in the fees of representative, and the failure to attend statements made only during the See Mediation Plan. mediators. See the mediator, unless counsel must mediation. See course of mediation are Mediation Plan. otherwise agreed. See attend mediation. Mediation Plan. confidential and inadmissible for Mediation Plan. See Mediation any reason. See Mediation Plan. Plan. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available NV Certain actions are Magistrate judges Parties with Evaluation statements prepared subject to mandatory provide ENE. See L.R. authority to settle for ENE sessions are confidential. ENE. Additionally, the 16.5. and counsel must See L.R. 16.5.

Court has discretion to attend ENE order ADR. See L.R. sessions. See L.R. 16.5. 16.5. NH ADR is generally, The parties may either Panel mediators are Each party and Neither mediation statements nor New voluntary, but the Court select a judicial officer compensated at their their attorney must communications of any kind from Hamp- may refer a case to or a party from the hourly rate (see the attend mediation mediations shall be considered mediation at any time. court’s mediation court’s website). The sessions. admissions or deemed admissible See L.R. 53.1. panel. See L.R. 53.1. cost is shared equally See Guidelines for at trial. See Guidelines for between the parties. Mediation Mediation Program. See Guidelines for Program. Mediation Program. NJ The Court may refer Panel mediators, Panel mediators are Parties and The Court may All information presented to the New cases to mediation, private mediators and paid $300 an hour. counsel must impose sanctions for mediator shall be deemed Jersey with or without court-paid arbitrators. Fees are split equally attend mediation failing to attend or confidential. No statements made consent. Arbitration is See L.R. s 201.1, 301.1. by the parties. Other and arbitration failing to participate or documents prepared for mandatory for certain arrangements may be sessions. See L.R. “in a meaningful mediation shall be disclosed in classes of cases. See made for private s 201.1, 301.1. manner.” See L.R. s any subsequent proceeding or L.R. s 201.1, 301.1. mediators. See L.R. s 201.1, 301.1. construed as an admission. 201.1, 301.1. See L.R. s 201.1, 301.1. NM Settlement conferences Judicial officers. See The lead attorney Statements made by a party New are mandatory in every L.R. 16.2. and party with during the conference that are Mexico civil case (with a few final settlement identified as confidential must be exceptions). See L.R. authority must treated as such. The Judge who 16.2. attend. See L.R. conducts the conference may not 16.2. reveal information to the trial Judge about the offers made or statements made, other than whether or not the case settled. See L.R. 16.2.

District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available NYE Judicial officers may Parties may opt to use a Mediators receive $600 Parties and lead The failure to All communications made in designate cases for mediator from the for the first four hours counsel must participate in the connection with mediation are Eastern inclusion in the Court’s panel, a private or less of the mediation. attend the first arbitration process confidential. The parties are mediation program, mediator, or a court- After the first four mediation session; in a meaningful asked to sign an agreement of with or without the paid arbitrator. See hours, they are thereafter, party manner may result confidentiality before the parties’ consent. There L.R. s 83.8 and 83.7. compensated at $250 attendance is in sanctions. beginning of the first mediation is mandatory arbitration per hour. The fees are voluntary, unless See L.R. 83.7. session. See L.R. 83.8. in cases worth less than shared equally by the ordered. $150,000. See L.R. s parties. See L.R. s 83.8 See L.R. 83.8. 83.8 and 83.7. and 83.7. Parties may consent to The Court maintains Arbitrators are Failure to attend or Mediation and ENE are regarded NYN Parties and lead non-binding arbitration; panels of mediators, compensated by the otherwise participate as settlement procedures and are New York counsel must court may order early neutral evaluators, Court. Mediators and in good faith may confidential and private. No Northern attend ADR. mediation or ENE, but and arbitrators who are evaluators “may be result in sanctions. records are made and all See L.R. s 83.11-5 the parties may opt-out. eligible and qualified. compensated by the See L.R. s 83.11-5 communications made in and 83.12-6. See L.R. s 83.11-3 and See L.R. s 83.7-4, parties” or perform and 83.12-6. connection with or during

83.12-3. 83.11-3 and 83.12-3. their services pro bono. sessions are confidential.

See L.R. s 83.7-4, See L.R. s 83.11-5 and 83.12-6.

83.11-3 and 83.12-3. NYS Certain categories of The Court maintains a Court panel mediators Parties and lead Communications made during the New York cases are automatically panel of volunteer serve without counsel must mediation process are Southern submitted to mediation. mediators. compensation. attend. confidential. Parties may not The Court may also See Procedures of See Procedures of See Procedures of disclose discussions with the order mediation with or Mediation Program. Mediation Program. Mediation mediator unless all parties agree, without party consent. Program. required by law, or relevant to a See L.R. 83.9. complaint against the mediator. NYW All civil cases are The Court maintains a Mediators are paid All named parties The Court may All communications made in New York automatically referred panel of qualified $150 per hour for the and counsel of impose sanctions for connection with ADR Western to mediation, unless neutrals. Parties may first two hours. They record are required failure to attend or proceedings are confidential. See expressly exempt from also select private are paid no more than to attend. See otherwise participate ADR Plan 5.10. the mediation program neutrals. See ADR $150 per hour. Fees ADR Plan 5.8. in good faith. See or the Court grants a Plan 3.1. are divided equally ADR Plan 5.8. party’s motion to opt among parties, unless out of ADR. See ADR otherwise agreed or Plan 2.1. ordered by the Court. See ADR Plan 5.3. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available NCE Several classes of civil The Court maintains a Court-certified Individual parties, The Court may Evidence of statements made and North cases are automatically list of court-certified mediators are the attorney of impose sanctions for conduct occurring during Carolina selected for ADR. mediators. Party compensated and record and the failure to attend mediation is not discoverable and Eastern Cases may also be compensated private reimbursed at terms insurance mediation or for shall be inadmissible in any referred to mediation mediator; district or agreed upon by the representatives (if misconduct during proceeding in the action or other when the parties magistrate judge for parties. Costs are split applicable) must or in connection civil actions on the same claim stipulate to mediation mini-trials. See Local equally by the parties. attend mediation. with mediation. See (with limited exceptions). See or the Court orders ADR Rules 101.1b. See Local ADR Rules See Local ADR Local ADR Rules Local ADR Rules 101.1d(j). No mediation in its 101.1b. Rules 101.1d. 101.1d. evidence that is otherwise discretion. See Local discoverable shall be inadmissible ADR Rules 101.1a. merely because it was presented or discussed in a mediated settlement conference. Id. Mediators shall not be compelled to testify or produce evidence regarding confidential mediation communications. Id. Mediation position papers are confidential. See Local ADR Rules 101.1d(c). NCM Certain classes of cases The parties are Hourly rates are set by Parties, their The Court may Statements and conduct during North are automatically encouraged to select a the Court, unless the counsel and impose sanctions for mediation are inadmissible, Carolina referred to mediation; mediator from the parties agree to the representatives of failing to appear at unless the evidence is otherwise Middle otherwise the Court court-certified panel mediator. Fees are to insurance carriers mediation. See L.R. discoverable. Mediation position may order ADR. See mediator or a private be paid in equal shares. must attend. See 83.9e. papers are confidential. See L.R. L.R. 16.4. mediator. See L.R. See L.R. 83.9c. L.R. 83.9e. 83.9e. 83.9d. NCW All parties to civil The Court maintains a The mediator’s fee Each party must The Court may Evidence of statements made and North actions are required to list of court-approved shall be equally shared attend or be impose sanctions for conduct occurring during Carolina attend a “mediated mediators. See L.R. by the parties. See represented by the failure to attend mediation is not discoverable and Western settlement conference” 16.2. N.C. Gen. A. Rule 7A- someone with a mediation session is inadmissible in any proceeding (there are a few 38.4. settlement or for failure to pay in the action or other civil actions excepted classes of authority (besides a share of the on the same claim (with limited cases); the Court may the attorney). See mediator’s fee. See exceptions). See N.C. Gen. A. order ADR in its N.C. Gen. A. Rule N.C. Gen. A. Rule Rule 7A-38.4. Mediators have discretion. See L.R. 7A-38.4. 7A-38.4. judicial immunity, but may be 16.2. disciplined. Id. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available ND The Court strongly Judicial officers All written and oral North encourages provide court- communications made in Dakota participation in ADR sponsored settlement connection with court-sponsored and requires that the conferences and private ADR process are confidential. parties in all by ADR is also available. See L.R. 16.2. The settlement

excepted cases discuss See L.R. 16.2. judge will not inform the trial the use of ADR at an judge of any positions taken by early stage in the the parties during ADR and will process. only advise whether or not the See L.R. 16.2. case settled. Id. NMI All civil jury cases may The trial judge may Parties, At a subsequent trial, the judge Northern be assigned for conduct the summary representatives, shall not admit any evidence that Mariana summary jury trials. jury trial. See L.R. and attorneys must there has been a summary jury Islands L.R. 16.11CJ. Parties 16.2CJ. attend summary trial, the nature or amount of any must consider the use jury trials. See “verdict,” or any other matter of mediation or L.R. 16.2CJ. concerning the conduct of the settlement conferences summary jury trial or related before the completion negotiations, unless the evidence of discovery. See L.R. would be otherwise admissible 16.2CJ. The Court may under the rules and unless the order ADR. Id. parties agree. See L.R. 16.2CJ.

OHN The Court may refer Court-annexed panel of Court-annexed panel of Parties (or The Court may The entire mediation and ENE cases to ADR qualified and trained neutrals may not charge representatives impose sanctions for processes are confidential. The Northern (mediation and ENE) in neutrals or private more than $275 per with full the willful failure to parties and neutrals may not consultation with the neutrals. See L.R. 16.4. hour. Unless otherwise settlement attend mediation or disclose information regarding parties, on motion of agreed, the parties authority) and lead ENE. See L.R. 16.5 the process, settlement terms, one party, or by should split the fees counsel must and 16.6. Mediation and ENE are treated as stipulation of all equally. See L.R. 16.4. attend. See L.R. compromise negotiations for the parties. The parties 16.5 and 16.6. purposes of the Rules of may also elect to use Evidence. See L.R. 16.6(h); see private ADR at their also Ohio Uniform Mediation own expense. See L.R. Act. 16.4, 16.5, 16.6 & 16.7. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available OHS The Court may refer The Court maintains a Volunteer neutrals Parties and The Court may Confidential communications Ohio cases to mediation or roster of qualified serve without counsel must impose sanctions for include: statements or conduct Southern settlement week volunteer neutrals. See compensation, unless attend and any breach or during the ADR proceeding or in conferences upon L.R. 16.3. the parties agree to participate in good threatened breach of the process or arranging for ADR. request of a party or in compensate the neutral faith. the confidentiality Evidence of conduct or the Court’s discretion. for work on an See L.R. 16.3. provisions and any statements made during ADR are Parties may consider unusually complex or refusal to attend and inadmissible to prove liability or other ADR processes. time-consuming case. participate in good the invalidity of a claim. See L.R. See L.R. 16.3. See L.R. 16.3. faith. See L.R. 16.3. 16.3. OKE All civil cases are District Court Judges Adjunct settlement Parties and lead The Court may All statements and automatically set for a (other than the one judges are invited to counsel must impose sanctions communications made in Eastern settlement conference assigned to the case), serve without attend settlement against any party connection with settlement before a settlement magistrate judges or compensation. If the conference. who fails to appear conference are confidential and judge. The Court may “Adjunct settlement effort is expected to be See L.R. 16.2. or who acts in bad may not be admissible under FRE also order other forms judges” (attorneys extensive, the Court faith or who impairs 408. See L.R. 16.2. of ADR in its appointed by court). may order the parties to settlement discretion. See L.R. See L.R. 16.2. pay for his or her time proceedings. See 16.2. at a reasonable rate. L.R. 16.2. See L.R. 16.2. OKN All civil cases are Same as OKE – District Same as OKE – adjunct Parties and lead The Court may A All statements and Oklahoma automatically set for Court Judges, settlement judges serve counsel must impose sanctions for communications made in Northern settlement conferences. magistrate judges and without compensation attend settlement failure to attend. connection with settlement The Court may order adjunct settlement unless the case requires conference. See L.R. 16.2. conference are confidential and other ADR processes. judges. See L.R. 16.2. an extensive effort. See See L.R. 16.2. may not be admissible under FRE See L.R. 16.2. L.R. 16.2. 408. See L.R. 16.2. The Court may order a Same as OKE – District Settlement judges serve OKW The named parties The Court may All statements and settlement conference Court Judges, without compensation Oklahoma and lead counsel impose sanctions for communications made in or mediation. The magistrate judges and unless the case requires Western must attend ADR. failure to attend. connection with settlement Court may order other adjunct settlement an extensive effort. See See L.R. 16.2 & See L.R. 16.2. conference are confidential and ADR processes. See judges. See L.R. 16.2. L.R. 16.2. The parties 16.3. may not be admissible under FRE L.R. 16.2 & 16.3. may select any 408. See L.R. 16.2 & 16.3. mediator that they

agree upon. See L.R.

16.3.

District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available OR The assigned judge Judicial officer, court- Court-panel mediators Counsel and The Court may ADR proceeding and all written may require settlement panel volunteer conduct mediation parties are impose sanctions for or oral statements made during conference with mediator or private without cost for the required to attend the failure to attend ADR are privileged and may not another judicial officer, ADR. See L.R. 16.4. first four hours. The mediation ADR. See L.R. be placed into evidence. See L.R. mediation, or other mediator and parties sessions. 16.4. 16.4. ADR process. See L.R. must agree on an See L.R. 16.4. 16.4. hourly rate if the mediation continues beyond four hours. See L.R. 16.4. PAE The Court may refer Judicial officers may Court-panel mediators Counsel and The Court may ADR proceeding and all written Penn. the parties to court- conduct settlement conduct mediation parties are impose sanctions for or oral statements made during Eastern sponsored ADR. In conferences. ADR may without cost for the required to the failure to ADR are privileged and may not certain civil cases also be provided by first four hours. The attend mediation participate in be placed into evidence. See L.R. arbitration is court-compensated mediator and parties sessions. arbitration or the 16.4. mandatory. See L.R. arbitrators, the court- must agree on an See L.R. 16.4. failure to appear for 16.4. Counsel are panel mediators or hourly rate if the mediation. See L.R. required to confer private mediators. See mediation continues 16.4. regarding ADR. Id. L.R. 16.4. beyond four hours. See L.R. 16.4. PAM Judge may order ADR, Court panel of The first 6 hours of Counsel and The Court may Mediation proceedings and Penn. provided consideration volunteer mediators. mediation are pro bono. parties are impose sanctions for communications are confidential. Middle is given to any reasons See L.R. 16.8.1 & Afterwards, the parties required to attend the failure to appear See L.R. 16.8.6. why ADR would be 16.8.2. and mediator can agree mediation for mediation or inappropriate. See L.R. to terminate, continue sessions. other ADR process. 16.8.4. on a pro bono basis, or See L.R. 16.8.6. See L.R. 16.8.6. agree to a fee. See L.R. 16.8.3.

District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available PAW The parties are required Court panel of qualified Mediators and ENE Counsel and The Court may All communications made during Penn. to discuss and, if and trained neutrals. neutrals are to be paid parties are impose sanctions for and in connection with ADR Western possible, stipulate to an See WDPA ADR at a reasonable hourly required to attend failure to attend the process are confidential and shall ADR process. If the Policies and Procedures fee. The parties must the ADR session. ADR session. See not be disclosed to any other parties are unable to 2.5. split the fee equally. See WDPA ADR WDPA ADR person, specifically the assigned agree, the Court may The Court may review Policies and Policies and judicial officer. Furthermore, order the parties to use for reasonableness. Procedures 2.7. Procedures 2.7. they may not be used for any a particular ADR Arbitrators are paid by purposes in any pending or future process. See L.R. 16.2. the Court. See WDPA proceeding. See WDPA ADR ADR Policies and Policies and Procedures 6. Procedures 3.3 and 4.3. PR Cases may be selected The court’s list of Mediators must be Counsel and The Court may Mediation proceedings and all Puerto for mediation by the mediators includes: compensated at a parties are impose sanctions for written and oral communications Rico Court in its discretion, judges, retired judges, reasonable rate. The required to attend. the failure to made in connection with or by the Court on motion and attorneys who fee will be equally See L.R. 83J. participate in good during any mediation are of one of the parties, or possess the necessary shared by the parties. faith. See L.R. 83J. confidential. See L.R. 83J. by stipulation of all qualifications. See L.R. See L.R. 83J. parties. See L.R. 83J. 83J. RI All cases are eligible Party compensated Magistrates serve Counsel of record The failure to meet The parties and ADR provider Rhode for referral to ADR. If court panel of neutrals; without compensation. and parties are obligations under shall not disclose information Island the parties do not agree Magistrate Judges for Other neutrals provide required to attend. the ADR rules may regarding the ADR process. The to voluntary ADR, they settlement conferences. free service for the first See R.I. ADR lead to disciplinary ADR process is treated as a are referred to a See R.I. ADR Plan. hour and thereafter may Plan. action. compromise negotiation for the settlement conference charge no more than See R.I. ADR Plan. purpose of the Federal Rules of with a magistrate judge. $200/hr. Evidence. See R.I. ADR Plan. See R.I. ADR Plan. See R.I. ADR Plan. SC All civil cases are Mediators are either If the parties stipulate All parties and The Court shall Communications during the South presumptively referred court-certified or to the mediator, they counsel of record impose sanctions for mediation conferences are Carolina to mediation; however private qualified shall agree upon the shall attend the the failure to attend confidential. Any event, parties may decline. mediators. See L.R. compensation. If the mediation session. the mediation document or communication See L.R. 16.03-16.05. 16.06. Court selects the See L.R. 16.08. conference without arising in mediation shall not be mediator, the parties or good cause. See introduced as evidence in any the Court shall set the L.R. 16.09. proceeding. See L.R. 16.08. hourly fee. The fee shall be shared equally. See L.R. 16.11. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available SD Voluntary. The parties Magistrate Judges. See are encouraged to use L.R. 53.1. ADR procedures. See L.R. 53.1. TNE Court may refer cases The Court maintains a The parties shall agree All parties, The Court may The mediation conference and all to mediation without panel of eligible and on the mediators’ representatives, impose sanctions for related proceedings and Eastern party consent; Court qualified mediators. compensation. The and counsel are the failure to comply statements are confidential and may refer to arbitration See L.R. 16.4. parties are to split the required to attend with the attendance inadmissible to the same extent as only with party fees equally unless the mediation. See or the settlement discussions of compromise or consent. See L.R. 16.3 otherwise agreed to. L.R. 16.4. authority settlement. See L.R. 16.4. & 16.4. See L.R. 16.4. requirement. See L.R. 16.4. TNM The Court may refer The Court maintains a Mediators are Counsel and The Court may All ADR proceedings under the Tennessee cases to ADR upon the list of qualified ADR compensated at rates parties are impose sanctions for ADR rules are deemed Middle parties’ motion or upon providers; parties may agreed upon by the required to attend the failure to comply confidential and inadmissible as its own initiative. See use private mediators parties and the ADR settlement with the ADR rules. evidence to the same extent as L.R. 16.02. with Court approval; panel member or as set conferences, See L.R. 16.02. discussions of compromise or and Judicial officers by Court. See L.R. mediation and settlement. See L.R. 16.08. conduct settlement 16.03. other forms of conferences. ADR. See L.R. See L.R. 16.03; 16.04. 16.03-16.07. TNW All civil cases are The Court maintains a Mediators from the All named parties The Court may All written and oral Tennessee automatically referred panel of qualified Court’s panel shall and their counsel impose sanctions for communications made during Western to ADR, although there neutrals. The parties receive $250/hour for and are required to the failure to attend mediation are confidential and is a procedure for may also select a the first two hours of attend. See Plan an ADR conference private. No participant in the opting out of ADR. private neutral, unless mediation and up to for ADR in W.D. or otherwise process or any portion thereof See Plan for ADR in the Court objects. See two hours of Tn. 5.8. substantially fail to may communicate confidential W.D. Tn. 2.1. Plan for ADR in W.D. preparation time. comply with the information acquired during Tn. 3.1.. Thereafter, mediators ADR referral order. mediation without consent. There and the parties shall See Plan for ADR in shall be no communications agree to a reasonable W.D. Tn. 2.3. between the assigned judge and fee and the parties shall the mediator or magistrate judge equally share the fee. regarding the case referred for See Plan for ADR in mediation. See Plan for ADR in W.D. Tn. 5.3. W.D. Tn. 5.10.

District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available TXE The Court may refer Mediators are either Mediators shall be any civil case to appointed by the Court compensated at a All parties must All mediation communications Eastern mediation, whether or or selected by the reasonable rate. The attend mediation. and proceedings privileged and not the parties have parties. See Mediation parties must divide the See Mediation confidential. See Mediation Plan

agreed to use Plan part III. fees equally unless the Plan part VII. part VIII. mediation. See parties otherwise agree. Mediation Plan part VI. See Mediation Plan part V. TXN The Court may refer Private mediators and Parties share costs. See Texas the parties to ADR judges conduct Court’s ADR Plan. Northern upon stipulation of the settlement conferences. parties, upon motion of See Court’s ADR Plan. one party, or sua sponte. See Court’s ADR Plan. TXS The Court may refer The Court maintains a ADR providers and the Counsel and Sanctions are All communications made during Texas the parties to ADR panel of qualified ADR parties will agree to a parties or available for the ADR proceedings are Southern upon stipulation of the providers. reasonable fee for the representatives violation of any confidential. See L.R. 16.4.I. parties, upon motion of See L.R. 16.4.E. ADR proceeding. The with settlement ADR rules. LR 16.4 one party, or sua Court may review for authority are See L.R. 16.4.M. sponte. reasonableness. See required to attend. See L.R. 16.4.C. L.R. 16.4.G. See L.R. 16.4.F. The Court may refer Court-approved ADR providers and the Sanctions are TXW Counsel and All communications made during the parties to ADR mediators and private parties will agree to a available for any Texas parties or ADR procedures are confidential. upon stipulation of the ADR providers. reasonable fee for the violation of ADR Western representatives See L.R. 88. parties, upon motion of See L.R. 88; Mediators. ADR proceeding. The rules. LR 88 with settlement one party, or sua Court may review for See L.R. 88. authority are sponte. See L.R. 88. reasonableness. required to attend. See L.R. 88. See L.R. 88.

UT The Court may refer The Court maintains a Court-appointed Counsel and all The Court may ADR proceedings and the parties to ADR list of panel mediators. mediators are parties are impose sanctions for communications are confidential. upon stipulation of the See ADR Plan. compensated at a rate required to attend. the failure to follow See ADR Plan; L.R. 16-2. parties, upon motion of set by the Court. See See ADR Plan. the ADR rules or one party, or sua ADR Plan. plan. See L.R. 16-2. sponte. See L.R. 16-2. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available VT All civil cases, except The Court maintains a Court neutrals are paid Each party and All communications made in those specifically roster of qualified $500 per case and the their lead trial connection with the ENE process exempted are referred neutrals, but the parties parties share in the fee counsel must are confidential. to ENE. See L.R. 16.1. may also select their equally. However, if attend. See L.R. 16.1. own neutral. See L.R. significantly more time See L.R. 16.1.

16.1. is required, the parties and neutral must agree upon any additional compensation. See L.R. 16.1. VI Court may order a case The Court maintains a Mediators ares The parties and The Court may All written or oral Virgin to mediation. See L.R. panel of qualified compensated by the counsel must impose sanctions for communications made during the Islands 3.2. mediators. See L.R. parties and the costs are attend. See L.R. the failure to appear mediation process shall be 3.2. borne equally. The 3.2. or otherwise fail to inadmissible in any proceeding. Court may assess the participate in good See L.R. 3.2. reasonableness of the faith. See L.R. 3.2. fees. See L.R. 3.2. Parties must consent to Judicial officer or The parties may select Substance of communications in VAE A judicial officer ADR. See L.R. 83.6. private neutral. See and compensate any mediation process shall not be may require L.R. 83.6. mutually acceptable disclosed. However, the use of Eastern attendance by non-judicial mediator otherwise admissible evidence counsel and/or or neutral. No mediator shall not preclude its admissibility parties at or neutral may be in the proceedings. See L.R. settlement compensated by 83.6. conferences. See contingent fee. See L.R. 83.6. L.R. 83.6. VAW ADR is not ordered in Private neutrals or Communications provided during every case, but the judicial officers. any ADR process are Virginia Western Court may order ADR. See L.R. 83. confidential. See L.R. 83. See L.R. 83. WAE The Court may refer a Judicial officer and Attorney-neutrals serve Parties and The Court may Wash. case to mediation in its panel of qualified without compensation. representatives impose sanctions for sole discretion. neutrals serve as See L.R. 16.2. with settlement the failure to attend. Eastern See L.R. 16.2. mediators. See L.R. authority must See L.R. 16.2. 16.2. attend. See L.R. 16.2. District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available WAW Participation in ADR is The Court maintains a Parties may request or Each party, The Court may All ADR proceedings are Wash. voluntary unless the roster of attorney court may order that representatives impose sanctions for confidential. See L.R. 39.1. Western Court orders it. See neutrals. See L.R. 39.1. mediator serve without with settlement the failure to attend, L.R. 39.1. charge. See L.R. 39.1. authority and participate in good attorneys must faith, or for attend. otherwise failing to See L.R. 39.1. comply with the rules. See L.R. 39.1. WVN Court may order Judicial officers or The parties are Each party and All communications made in West mediation sua sponte or private neutrals. See expected to agree upon their lead trial connection with the mediation Virginia at the request of the L.R. 16.06. the amount of the counsel must conference are confidential. Northern parties. See L.R. 16.06. mediator’s fee, and the attend mediation See L.R. 16.06. responsibility for session. payment. If the parties See L.R. 16.06.

cannot agree, the Court shall set the amount of the mediator’s fee, and assign responsibility for payment. See L.R. 16.06. WVS ADR may be court- Judicial officer or The parties are Each party, their Mediation statements submitted West ordered sua sponte, mediator selected by expected to agree upon lead trial counsel, in writing and oral statements Virginia court-ordered at the the parties, or selected the amount of the and anyone else made during the mediation are Southern request of the parties, by the Court, if the mediator’s fee, and the with knowledge of confidential. or voluntary and parties cannot agree. responsibility for the facts and full See L.R. 16.6.2. outside the auspices of See L.R. 16.6.2. payment. If the parties settlement the Court. See L.R. cannot agree, the Court authority must 16.6. shall set the amount of attend mediation.

the mediator’s fee, and See L.R. 16.6.4. assign responsibility for payment. See L.R. 16.6.2.

District How Voluntary is Provider of Payments for Attendance Sanctions Confidentiality the ADR Process? Mediation Services Neutrals Requirement Available WIE ADR is generally Magistrate judge or Neutral evaluators All written and oral voluntary. Judicial appropriate neutral volunteer preparation communications made in Eastern officers may encourage evaluator. time and the first four connection with or during any parties to participate in See L.R. 16(d). hours of ENE sessions. ADR session are confidential. ADR before a If ENE continues, Except to the extent otherwise magistrate judge or an neutrals may either stipulated or ordered, the appropriate neutral continue to volunteer or disclosure of any written or oral evaluator. In some charge the parties 60% communication made by any cases, judicial officers of the standard hourly party, counsel, or other may order parties to rate. After eight hours, participant in connection with or engage in an ENE the neutral may charge during any ADR session is conference. See L.R. his or her standard rate prohibited. ADR proceedings are 16(d). or such other rate that is treated as compromise acceptable to the negotiations for purposes of the neutral and all parties. Federal Rules of Evidence and See L.R. 16(d). state rules of evidence. See L.R 16(d). WIW Litigants are required to ADR is either provided Court-provided staff ADR proceedings are Wisconsin consider the use of by a court staff neutral neutral or private confidential. Thus, any ADR within thirty days or private neutrals. neutral. disclosure of confidential dispute Western of the defendants’ See Rule 3 (L.R. 16.6). See Rule 3 (L.R. 16.6). resolution communications is appearance. See Rule 3 prohibited. (L.R. 16.6). See Rule 3 (L.R. 16.6). WY Voluntary and Judicial officer or Parties with Sanctions may be All communications, mandatory. The Court private neutral. See settlement imposed for representations, evidence, urges the parties to L.R. 16.3(a). authority (or other violations of the recordings and transcripts consider voluntary representative) attendance regarding negotiations and ADR, but the Court and the lead requirement. agreements made during a may also order parties attorneys must See L.R. 16.3(c) settlement conference shall be to use non-binding attend. held to be strictly confidential and ADR procedures. See See L.R. 16.3(c) are not subject to disclosure, L.R. 16.3(a) & (b). pursuant to Rule 408 of the Federal Rules of Evidence or as otherwise provided by law. See L.R. 16.3(c).