(a) Referral.  Cases may be referred to the court’s mediation program by agreement of the parties or by the court at the time of entry of the case management order, as ordered by the court pursuant to Local Civil Rule 26.1.  The case management order shall also specify the time frame in which the ADR process will be completed.  The court may stay discovery for a reasonable period of time to facilitate the mediation process.  A case not referred to mediation at the time of entry of the case management order may be referred to mediation at any time before trial by agreement of the parties or by order of the court.

The court, in considering whether a case is appropriate for referral to mediation, will consider the likelihood that mediation will be beneficial, the burden imposed on the parties by mediation, the additional costs to the parties, and the recommendations of the parties.  If the judge at the case management conference determines that mediation is not likely to deliver benefits to the parties sufficient to justify the resources consumed by its use, the judge will exempt the case from participating in any ADR process.

Commentary

These Rules are intended to reflect the consensus of the committee and the court that mediation become part of the case management process and that, like the case management process, there be flexibility in the use of Court annexed alternative dispute resolution.  It is the intent of these Rules that the court, working with the parties, may refer cases to mediation at any time before trial, but most frequently, at the time of entry of the case management order.  Additionally, the court should have the authority to stay (for reasonable periods) discovery or other litigation transactions to reduce the costs to parties and facilitate mediation.  Alternatively, the court should be able, in appropriate cases, to stay the mediation process.  Nothing in these Rules is intended to limit the court’s ability to conduct settlement conferences pursuant to Fed. R. Civ. P. 16.  Further, the committee recommends that the Local Rules governing ADR in the Western Division be interpreted by the court with flexibility in allowing the parties the alternative of electing private avenues of alternative dispute resolution such as private arbitration or mediation.

(b)  Complementary Alternative Dispute Resolution.  These Local Rules are not intended to limit the court or the parties from engaging in ADR outside of the court’s mediation program.  The court will have the authority to engage the parties in accordance with Fed. R. Civ. P. 16. Additionally, the court may, at its discretion, allow the parties a reasonable opportunity to participate in private ADR.  Private ADR proceedings are not subject to the enforcement, immunity, or other provisions of the ADR Local Rules.

(c)  Relief from Court Ordered Mediation.  Any party whose case has been ordered to mediation may file with the ADR Magistrate Judge, within 14 calendar days of court ordered referral, a motion for relief from the court ordered referral.  The party seeking relief must demonstrate that mediation would not be likely to deliver benefits to the parties sufficient to justify the resources consumed by its use and/or would impose an undue hardship upon the moving party and/or would unnecessarily increase litigation costs.  The parties may e-file a joint motion under this Rule.