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LOCAL CIVIL RULES SURVEY REPORT JUNE 2008 Appendix Question 3 asked survey participants to identify any additional topics they thought should be addressed in local mediation rules. Fifty-one participants submitted specific comments in response. Unless otherwise noted, the responses are reproduced verbatim. The following table contains the responses. The four columns on the right side of the table represent the following sub-groups: 1. 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). 2. The respondents who indicated that they had served as a mediator during the past 12 months (i.e., the respondents who answered “yes” to Question 1b). 3. The respondents identified by the Committee as experienced mediation participants. 4. The respondents identified by the Committee as experienced mediators. Many survey respondents met the criteria for multiple sub-groups. For example, the response listed as #2 was submitted by a participant who self-identified as having participated in mediation during the prior 12-month period and who the Committee identified as being an experienced mediation participant. When a survey respondent met the criteria for two or more sub-groups, we marked the column for each one. # Response 1 2 3 4 1. Who pays the mediator. X 2. A confidentiality rule similar to LCvR 16.2(g)- one that would protect, X X for example, amounts of offers from being introduced into evidence. 3. The mediation. 4. Deadline to engage in mediation prior to trial. X X 5. Whether mediation is required. 6. Pre-disclosure of who will be attending on behalf of each party, which cannot be changed without leave of Court. Pre-mediation communications with mediator confidential unless the parties agree otherwise. 7. Required mediation statement. Confidentiality requirements. No telephone attendance (all representatives must appear in person). Good faith negotiations. Parties split the costs of mediation. 17 X X X X X
# Response 1 2 3 4 8. Early mediation needs to be required and set by the Court to determine if a case may go away before clients spend a lot of money on discovery X X X and other issues. 9. Many times the parties don't want to ask for it as they believe it signifies a weakness in the case and in many cases there are no smoking guns or amazing discovery issues it’s just a matter of how much. A good mediator often can lead parties to settlement before the X X X process of the adversarial system has fomented the attitudes of the parties. 10. Form and content of mediation memo. Selection of mediator. X X 11. Confidentiality, mediation statements, exchange of pre-mediation offers, and good faith participation. X 12. Confidentiality, preparation, execution and enforcement of Agreement(s) reached in mediation, time limits for preparation and execution oand [sic] delivery of the same. NO communication of X X results of mediation to judge other than to report success or not. 13. Good faith to be used in the mediation process. Mediation not effective while dispositive motions pending. X 14. Confidentiality of mediation written statements and oral representations to the mediator or parties; procedure to assure X confidentiality of settlement conditions, where appropriate. 15. Necessity of being able to remain until mediator declares an impasse. That full settlement authority means the ability to take nothing as X plaintiff or to pay the full amount of the claim if defendant. 16. Deadline to mediate. 17. Format of the mediation conference. Requirement for submission of written mediation statements in advance. Advance exchange of the portions of the statements that contain the party's version of the facts (including any exhibits to be presented), issues of law and contentions, X X but not the portions discussing negotiations, willingness to compromise or anything relating to the party's negotiation strategy. 18. Allow attendance by speaker telephone if justified. Make mediation mandatory unless dispensed of by motion and order. Statements made are inadmissible in any other aspect of case. Written agreement must result from session or a written statement of impasse. Mediator to be only person who can declare impasse. 19. Requirement that all mediator statements be exchanged with all parties. X 20. Rule should not require parties to conduct private mediation but only apply if parties voluntarily elect to conduct private mediation or if X X court otherwise orders parties to conduct private mediation. 21. Sanctions for failing to comply with rules. Allowance for good cause to be shown why mediation should not be required in a particular case. 18
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 and 12: an amount up to the plaintiff’s p
Page 13 and 14: LOCAL CIVIL RULES SURVEY REPORT JUN
Page 15 and 16: Analysis of Results Received from A
Page 17 and 18: Analysis of Responses Received From
Page 19: Analysis of Responses Received From
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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