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# Response 1 2 3 4 22. Treatment of statements made in the course of mediation (i.e. confidential or not). 23. Whether mediation statements are exchanged between parties or sent only to the mediator. X 24. Notice, Costs, Scheduling. X X 25. Confidentiality; consequences of failure to appear for scheduled mediation; payment of mediation fees; selection of mediator. X X 26. Fees and Qualification of mediators. X X 27. Mediation can take the place of court-ordered Settlement Conference; Qualifications of mediators. X X 28. Information to be exchanged prior to the mediation. Timeframe for completing mediation and/or responses to proposed settlement offers. Continuation of mediation where necessary (e.g., to gather additional info). Payment of costs of mediation. 29. Confidentiality. 30. The last mediation I attended was less than a week before scheduled trial. As both parties were in "trial mode" it made it more difficult to negotiate a resolution, although we were successful. I would think that a court-ordered mediation towards the end of discovery, but before motions were to be filed might be better received by counsel, if not by clients. Even if the case did not settle, the parties would have a X magistrate or adjunct keeping tabs on the case and continuing to encourage settlement conferences conducted at or near the end of fact discovery to be more fruitful than those forced on the parties at the eve of trial. 31. Selection of mediator, provisions for who may attend outside of the parties and insurance representatives, how costs are to be divided for X X mediator. 32. Penalties for not complying with the Rule in good faith, such as failing to have full settlement authority or appearing with someone not authorized to make decisions, i.e. having to call back to the office. That is not someone with sufficient authority and is a waste of X X everyone's time. If Defendants and insurers do not send THE person with the authority there should be some sanction imposed. 33. Require mediation statement be provided to all parties prior to the mediation with ability to respond to define clearly the factually contested issues. The earlier the exchange of statements prior to X X mediation the better. 34. Court's authority to enforce settlement; requirement of written memorandum or outline of settlement terms completed at settlement X conference, signed by authorized attendees. 35. Mediator must have cookies. 19
# Response 1 2 3 4 36. I believe mediation should be the required ADR in every case and that the mediation date precede the scheduled settlement conference. Based on experience, I have found that mediation prior to the settlement conference is the most likely ADR to result in settlement. With mediation, the parties are able to choose the date, time and place and therefore, it is almost always the preferred method to attempt X X settlement from the client's standpoint. The fact that the mediation is held prior to the court settlement conference increases the chance that the case will settle because the [sic] know that, if the case does not settle at mediation, the settlement conference will follow, resulting in additional expense. 37. Statements provided by both parties and time frame; telephonic participation, written statement, if any, to avoid subsequent dispute. 38. Allocation of Costs of Mediation (if not settled at Mediation, Defendant pays FULL cost). X 39. I recently experienced a "first" during a voluntary mediation in a state court case. After a long and seemingly production [sic] of mediation, the parties and mediator, because of scheduling issues, agreed to resume the mediation on a day certain the following week. Before the date of resumption of mediation, opposing party wrote a letter to mediator and me to advise that they had decided not to return for the X X scheduled mediation and submitted a settlement proposal in the letter which was quite different from where the parties were when they left the first session of mediation. This probably falls under the requirement to participate "in good faith"; however, perhaps a rule could address the situation more specifically. 40. Possible guidelines for mediation statements and timing. X X 41. Whether or not required to send statement to other parties. Ability to send a confidential statement to mediator for "eyes only." Indemnity X X for mediators. 42. Attendance by telephone. 43. The rule should be voluntary with State agencies/officials, especially in cases challenging state statutes as officials are not going to have the authority to agree that a statute is unconstitutional, etc. And, the rules should exclude inmate cases even when the inmate is represented by counsel. 44. A local rule should provide for the entry of an order having the requirements listed above. Putting these items in an Order from the Court makes client management issues far easier than if such items are X X X rely [sic] in a court rule. 20
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 and 20: Analysis of Responses Received From
Page 21: # Response 1 2 3 4 8. Early mediati
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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