united states district court western district of oklahoma local civil ...

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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.
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