Alternative Dispute Resolution (“ADR”) can have many
advantages over traditional litigation.
ADR generally leads parties to a faster resolution of their case; is
less expensive than the formal litigation process; and allows parties to craft
creative solutions tailored to their needs and underlying interests. Recognizing these benefits, the court has
developed its Mediation Program to give all parties an opportunity to take
advantage of what ADR can offer.
At all initial status conferences, the parties must be
prepared to discuss the issue of mediation.
The court’s description of its Alternative Dispute Resolution Plan and
its Local Rules for the Program can be accessed through the Mediation Program for the Western Division webpage or retrieved from the Clerk’s Office. The parties shall familiarize themselves with
these documents, along with the Court's Case Management Order, so that they are
prepared to discuss the possibility of mediation at the initial status
conference. The Court's Case Management Order requires that all counsel certify that they have discussed with their
clients the benefits of the Mediation Program, among other things. By certifying that they have done so, counsel
are certifying to the Court that they have complied with the Court's
order. Obviously, false certifications
made in Court orders have consequences.