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These amendments are prompted by the Committee’s survey of practitioners and mediators in February 2008. Over 70% of the respondents favored a local civil rule on mediations. Among these attorneys, over 80% supported the inclusion of rules on attendance and settlement authority. Among the individuals who have served as mediators within one year, support for rules on these two subjects was even greater. At the same time, the Committee recognizes that some practitioners may prefer to utilize a mediation by agreement, without oversight by the Court or application of local civil rules. Thus, the new local civil rule would govern only when a mediation is ordered by the Court. The proposed rule would add a provision in LCvR 16.3(a) to create flexibility in the approach when the parties are unable to agree on a mediator. Some judges may prefer the ADR coordinator to submit a list of mediators and direct the attorneys to “strike” individuals until they are left with only one. Other judges may prefer the parties to address the issue through a formal motion. The proposed rule would create flexibility and allow individual judges to address the issue however they wish. 9
LOCAL CIVIL RULES SURVEY REPORT JUNE 2008 In February 2008, the Local Civil Rules Committee distributed a short survey on local rules addressing mediation. The survey went to all attorneys in the CM/ECF system and asked the following four questions: (1) During the past 12 months, have you: a. participated in mediations as counsel for a party and/or b. served as a mediator (2) Are you in favor of having a local rule that applies to mediations (3) If you favor a local rule addressing mediation, indicate all areas/topics you feel the provision should address: a. Required attendees b. Required settlement authority c. Requests to be excused from attendance or settlement authority requirements d. Communication with mediator e. Other topics. (4) During the past 2 years, have you participated in any of the following ADR proceedings a. Early neutral evaluation b. Court-annexed non-binding arbitration c. Summary jury trial d. Summary bench trial e. Executive mini trial f. Special master proceeding. The Committee received 362 responses. The responses have been tabulated and analyzed for five different populations of survey respondents: (1) All survey respondents; (2) The respondents who indicated that they had participated in mediation during the past 12 months (i.e., the respondents who answered “yes” to Question 1a); 10
Page 1 and 2: UNITED STATES DISTRICT COURT WESTER
Page 3 and 4: B. Reason for the Change...........
Page 5 and 6: 3. LCvR 16.1(a)(1) Rule of Civil Pr
Page 7 and 8: 4. LCvR 16.1(b)(2) A. The Proposed
Page 9 and 10: 7. LCvR 16.3 provisions involving s
Page 11: an amount up to the plaintiff’s p
Page 15 and 16: Analysis of Results Received from A
Page 17 and 18: Analysis of Responses Received From
Page 19 and 20: Analysis of Responses Received From
Page 21 and 22: # Response 1 2 3 4 8. Early mediati
Page 23 and 24: # Response 1 2 3 4 36. I believe me
Page 25 and 26: 8. LCvR 55.1 A. The Proposed Change
Page 27 and 28: Third, the local rule requires an i
Page 29 and 30: of an individual judge to refer a m
Page 31 and 32: To the extent the parties have made
Page 33 and 34: 5. APPLICABILITY OF FED. R. CIV. P.
Page 35 and 36: Submitted this ______ day of ______
Page 37 and 38: Lastly, as in Paragraph “8(D),”
Page 39 and 40: *The listing of witnesses and exhib
Page 41 and 42: B. Reason for the Change The Commit
Page 43 and 44: 6. EXHIBITS. The following exclusio
Page 45: B. Reason for the Change The Commit

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