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B. Reason for the Change 6. LCvR 16.2 The suggested language is virtually identical to the existing provision in LCvR 16.3(a). The proposal would involve restructuring of LCvR 16.3 to address private mediation. Express authorization of alternative dispute resolution is necessary under 28 U.S.C. § 651(b). A. The Proposed Change (f) Requests for Relief. A request for relief from any aspect of this rule shall be made to the settlement judge in the manner set forth in the settlement conference order. (g) Sanctions. Failure to comply with any provision of this rule or the settlement conference order may result in the imposition of sanctions. (f) Confidentiality and Limitations of Use of Settlement Information. All communications made in connection with a settlement conference, other than as stated below, shall be considered confidential. Unless otherwise permitted under Fed.R.Evid. 408 or any other provision of federal law, communications made in connection with a judicial settlement conference may not be used by any party in the trial of the case. Any motion by counsel or reports by the settlement judge, including those concerning noncompliance with the local rules, shall not violate confidentiality. (g) Requests for Relief. A request for relief from any aspect of this rule shall be made to the settlement judge in the manner set forth in the settlement conference order. (h) Sanctions. Failure to comply with any provision of this rule or the settlement conference order may result in the imposition of sanctions. B. Reason for the Change The confidentiality provision currently appears in LCvR 16.3, and the proposed amendment would add the clause to LCvR 16.2. The proposed change to LCvR 16.3 would confine that rule to private mediations. The 5
7. LCvR 16.3 provisions involving sanctions and requests for relief in LCvR 16.2 would simply be renumbered. A. The Proposed Change (a) (b) Authorization. The Court authorizes Alternative Dispute Resolution (ADR) methods including mediation, judicial settlement conferences, and summary jury trials. Certification of ADR Discussions in the Joint Status Report and Discovery Plan. Prior to the first status and scheduling conference: (1) all counsel shall discuss ADR with their client(s), (2) all counsel and pro se litigants, if applicable, shall discuss ADR with one another, and (3) all counsel and pro se litigants, if applicable, shall indicate whether the party elects to have the action referred to a specific procedure, if appropriate. Certification of these discussions must be submitted in conjunction with the Joint Status Report and Discovery Plan filed pursuant to LCvR16.1. (c) Confidentiality and Limitations of Use of Settlement Information. All communications made in connection with a settlement conference shall be considered confidential. Unless otherwise permitted under Fed.R.Evid. 408 or any other provision of federal law, communications made in connection with ADR may not be used by any party in the trial of the case. Any motion by counsel or reports by a neutral including those concerning noncompliance with the local rules shall not violate confidentiality. Court-Ordered Mediation (a) Selection of the Mediator. In a mediation ordered by the Court, the parties may select any mediator that they agree upon. If the parties are unable to agree, they may contact the Court’s ADR Coordinator for assistance in the selection of a mediator. 6
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: 4. LCvR 16.1(b)(2) A. The Proposed
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 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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