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B. Reason for the Change<br />

6. LCvR 16.2<br />

The suggested language is virtually identical to the existing provision in LCvR<br />

16.3(a). The proposal would involve restructuring <strong>of</strong> LCvR 16.3 to address<br />

private mediation. Express authorization <strong>of</strong> alternative dispute resolution is<br />

necessary under 28 U.S.C. § 651(b).<br />

A. The Proposed Change<br />

(f) Requests for Relief. A request for relief from any aspect <strong>of</strong> this rule<br />

shall be made to the settlement judge in the manner set forth in the settlement<br />

conference order.<br />

(g) Sanctions. Failure to comply with any provision <strong>of</strong> this rule or the<br />

settlement conference order may result in the imposition <strong>of</strong> sanctions.<br />

(f) Confidentiality and Limitations <strong>of</strong> Use <strong>of</strong> Settlement Information.<br />

All communications made in connection with a settlement conference,<br />

other than as stated below, shall be considered confidential. Unless<br />

otherwise permitted under Fed.R.Evid. 408 or any other provision <strong>of</strong><br />

federal law, communications made in connection with a judicial<br />

settlement conference may not be used by any party in the trial <strong>of</strong> the<br />

case. Any motion by counsel or reports by the settlement judge, including<br />

those concerning noncompliance with the <strong>local</strong> rules, shall not violate<br />

confidentiality.<br />

(g) Requests for Relief. A request for relief from any aspect <strong>of</strong> this rule<br />

shall be made to the settlement judge in the manner set forth in the<br />

settlement conference order.<br />

(h) Sanctions. Failure to comply with any provision <strong>of</strong> this rule or the<br />

settlement conference order may result in the imposition <strong>of</strong> sanctions.<br />

B. Reason for the Change<br />

The confidentiality provision currently appears in LCvR 16.3, and the<br />

proposed amendment would add the clause to LCvR 16.2. The proposed<br />

change to LCvR 16.3 would confine that rule to private mediations. The<br />

5

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