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Appendix B - Lanham Act Mediation Program



PROCEDURES FOR VOLUNTARY MEDIATION PROGRAM

FOR LANHAM ACT CASES

 

Adopted pursuant to Local Rule 16.3(b)

 

Introduction

This page provides the viewer with information concerning the voluntary mediation program for the Northern District of Illinois. The mediation program was approved by the full Court on 30 September 1996 through the promulgation of local General Rule 5.10 (Renumbered as Local Rule 16.3). The program applies to all civil cases filed on or after January 6, 1997 under the Lanham Act (Federal Trademark Act of 1946, 15 U.S.C. ''1051-1127).

The procedures approved by the full Court pursuant to Local Rule 16.3B provide that at the earliest of the first scheduling conference or 90 days after an eligible case is filed, the parties are required to file a joint statement indicating whether they wish to participate in the voluntary mediation program. If the parties do not wish to participate, they are required to provide a statement summarizing the reason or reasons for that decision. Parties may also indicate that they are already participating in some other form of mediation. In such instances the joint statement must include a brief description of that program.

If they wish to pursue mediation, the parties may select a qualified neutral mediator from a list of individuals and organizations maintained by the Clerk. The mediator facilitates negotiations among the parties to help them arrive at a mutually satisfactory settlement. The mediation sessions are confidential, and should be completed within 30 days, ending with a report to the court on the outcome. The costs of mediation are normally shared equally by the parties.

Local Rule 16.3 delineates the administrative procedures for the program approved by the full Court, and a list of persons and organizations who have filed certificates indicating their availability to serve as neutral mediators. A form has also been enclosed that should be used as the joint statement of the parties regarding participation in the mediation program.

The procedures approved by the Court require counsel to mail or otherwise provide copies the Lanham Act document package to each party. As soon as practicable, but in no event later than 20 days after parties receiving the package, are required to file a certificate stating that  they have provided copies of these documents as required by the Court.

CONTENTS

List of Organizations and Individual Neutrals
Rule 16.3 Voluntary Mediation Program
Procedures For Voluntary Mediation Program
Joint Statement Regarding Participation
Download - Lanham Act Document Package
 PDF format (49 KB)

 


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