SOUTHERN DISTRICT OF OHIO SUPPLEMENTAL PROCEDURES

General Policy Page 1 February 21, 2013

SOUTHERN DISTRICT OF OHIO

SUPPLEMENTAL PROCEDURES FOR

ALTERNATIVE DISPUTE RESOLUTION

EFFECTIVE DATE: FEBRUARY 21, 2013

General Policy Page 2 February 21, 2013

Table of Contents

1.0 General Policy. .................................................................................................................................. 3

2.0 Definitions ......................................................................................................................................... 3

3.0 General Provisions ............................................................................................................................ 5

4.0 Settlement Week Mediation ............................................................................................................. 7

5.0 Attorney-Based Mediation ............................................................................................................. 11

6.0 Judicial-Based Mediation ................................................................................................................ 15

7.0 Summary Jury Trials ........................................................................................................................ 18

8.0 Program Administration ................................................................................................................. 21

General Policy Page 3 February 21, 2013

Supplemental Procedures for

Alternative Dispute Resolution

Effective: 02/21/2013

Issued By: Clerk of Court

Original Publication Date: 02/21/2013

These Supplemental Procedures for Alternative Dispute Resolution are written pursuant to, and

authorized by, S.D. Ohio Civ. R. 16.3(e)(1).

1.0 General Policy.

Alternative Dispute Resolution (ADR) is a process designed to achieve the early, cost-effective, and

fair resolution of civil cases. ADR provides litigants with a more informal, non-adversarial alternative

to case resolution than traditional litigation. The Court’s ADR Program is authorized under the

Alternative Dispute Resolution Act, 28 U.S.C. § 651 et seq., S.D. Ohio Civ. R. 16.3, and General Order

13-01. The ADR Program includes the following court-administered ADR processes for civil cases:

settlement week mediation, attorney-based mediation, judicial-based mediation, and summary jury

trial. At the initial scheduling conference and throughout the pendency of the civil action, the

presiding district judge or magistrate judge will evaluate the case to determine the ADR process that

will best facilitate the resolution of the case, and may refer the case, with or without party consent,

to one of the Court’s ADR processes.

2.0 Definitions.

2.1 ADR Administrator

ADR Administrators are deputy clerks from each location of the Court who are responsible

for coordinating the timely scheduling of mediations between parties and mediators for

attorney-based and settlement week mediations. ADR Administrators facilitate the

assignment of mediators to particular cases. ADR Administrators are also responsible for

ensuring that mediators have no conflicts of interest in the case to be mediated;

maintaining the roster of volunteer mediators to assure current address and contact

information; scheduling rooms for mediations; and other duties as required by the Chief

Judge or ADR Coordinator.

2.2 ADR Coordinator

ADR Coordinators are magistrate judges from each location of the Court who are

responsible for directing, managing, and evaluating the Court’s ADR programs at that

location. ADR Coordinators are responsible for recruiting, screening, and training attorneys

to serve as volunteer attorney mediators. ADR Coordinators are also responsible for

reviewing annually the volunteer attorney mediator roster to ensure a sufficient number of

volunteer mediators for the Court’s ADR programs.

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2.3 Attorney-Based Mediation

Attorney-Based mediation is a mediation conducted by a volunteer lawyer pursuant to S.D.

Ohio Civ. R. 16.3(d). Cases may be referred to attorney-based mediation with or without

party consent.

2.4 Judicial-Based Mediation

Judicial-Based mediation is a mediation conducted by a judicial officer other than the

district judge or magistrate judge assigned to the case. Cases may be referred to judicial-

based mediation with or without party consent.

2.5 Mediation

Mediation is a dispute resolution method involving a neutral third party who assists the

disputing parties in reaching a mutually agreeable solution by facilitating a productive

exchange of issues and views. Mediation is non-binding unless a settlement is reached.

2.6 Mediators

Mediators are neutral third parties who meet with litigants to facilitate settlement

negotiations. Mediators have no authority to rule on issues or determine a settlement.

2.7 Settlement Week Mediation

Settlement week mediation is a week set aside by the Court for the mediation of selected

cases by volunteer attorneys. Cases may be referred to settlement week with or without

party consent.

2.8 Summary Jury Trial

A summary jury trial is an abbreviated trial held before a judicial officer and an advisory

jury where the parties use the advisory jury verdict as a basis for settlement discussions.

The verdict is non-binding and the parties may proceed to a regular jury trial if the case is

not resolved through settlement. The summary jury trial is held close to the scheduled trial

date.

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3.0 General Provisions

3.1 Eligibility

Unless otherwise ordered by the Court, all civil cases filed in this district are eligible for

referral to a court-administered ADR process except the following categories of cases:

A forfeiture action in rem arising from a federal statute;

A petition for habeas corpus or any other proceeding to challenge a criminal

conviction or sentence;

An action brought without an attorney by a person in the custody of the

United States, a state, or a state subdivision;

An action by the United States to collect on a student loan guaranteed by the

United States; and

A proceeding ancillary to a proceeding in another court

3.2 Referral Method

With the exception of summary jury trials, the district judge or magistrate judge assigned

to a case may refer the case to a court-administered ADR process with or without party

consent. Referral is made on a case-by-case basis after discussion with the parties and at

the discretion of the district judge or magistrate judge. Mandatory referral is authorized if

the judicial officer believes mediation may result in the fair, cost-effective resolution of the

lawsuit. Parties may request a referral to a court-administered ADR process at the

preliminary conference or by motion at a later date.

3.3 Obligations of Counsel

Counsel must be prepared to discuss ADR and settlement with the assigned judge or

magistrate judge at every case conference. Unless otherwise ordered, trial counsel must

be present at any scheduled ADR process.

3.4 Party Roles and Sanctions

Unless excused by the mediator, all parties of record and corporate representatives are

required to attend the ADR process with counsel. If the defense of an action is provided by

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a liability insurance company, a settlement-empowered insurer representative must also

attend in person unless otherwise agreed upon by the parties or ordered by the Court.

Sanctions may be imposed for failure to participate or proceed in good faith.

3.5 Confidentiality

To promote candor and protect the integrity of the Court’s ADR processes, the

communications made by the participants in the ADR processes are confidential. The

parties, counsel, and the mediator may not disclose information regarding the process,

including settlement discussion or terms of any agreed upon settlement, to the assigned

district judge, magistrate judge, or third persons unless all parties otherwise agree in

writing or as provided in S.D. Ohio Civ. R. 16.3. Parties, counsel, and mediators may,

however, respond to confidential inquiries or surveys by persons authorized by the Court

to evaluate the ADR process or program. Information provided in such inquiries or surveys

shall remain confidential and shall not be identified with any particular case.

3.6 Deadlines, Discovery, and Motions

All other case activities, including discovery and motion practice, shall go forward during

the mediation process. Unless otherwise ordered by the Court, the scheduling of a court-

administered ADR process does not stay any established case deadlines imposed by an

existing Court Order, the Federal Rules of Civil Procedure, or the Southern District of Ohio

Local Rules.

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4.0 Settlement Week Mediation

4.1 Description

As part of the Southern District of Ohio ADR Plan, the Court offers settlement week

mediation. In settlement week mediation, cases are scheduled for mediation with

volunteer attorney mediators during a special week set aside by the court. The assigned

District Judge or Magistrate Judges may refer any case to settlement week mediation.

Settlement week mediation may be established and held at any time at the discretion of the

judicial officers in the Columbus, Cincinnati, and Dayton locations of the Court.

4.2 Order of Referral to Mediation

An order of referral to mediation is issued via the Court’s electronic filing system to all

counsel, parties, and the ADR Administrator. The order of referral will include the

settlement week selected for the mediation.

4.3 Mediator Selection Process

Approximately sixty (60) days before the scheduled settlement week mediation, the ADR

Coordinator, with the assistance of the ADR Administrator or other Clerk’s Office staff, will

contact the panel of volunteer mediators to inquire about their availability and known

conflicts, and to confirm their contact information.

Approximately forty-five (45) days before the scheduled settlement week mediation, the

ADR Administrator or other Clerk’s Office staff will:

Review and select the next available mediator from the Court’s roster of volunteer

mediators if no conflict exists. If a conflict exists, the next mediator on the roster

will be reviewed until a mediator is found with no known conflicts;

Notify the volunteer attorney of his or her appointment as a mediator and provide

information on no-cost electronic access to the case to be mediated.

Electronically file a notice setting the date, time, and location of the mediation and

the name of the mediator appointed.

The ADR Administrator or other Clerk’s Office staff shall secure appropriate rooms

for the mediation and shall post the information in a public area at the beginning of

each day.

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4.4 Mediation Session

Mediations may be held at the courthouse or at another location as determined by the

mediator with the consent of the assigned district judge or magistrate judge.

Once scheduled, the mediation may only be canceled by order of the Court.

If the parties or their attorneys are unavailable during settlement week, the mediation may

be rescheduled for another date and time outside of settlement week with the consent of

the assigned district judge or magistrate judge. The parties shall confer on an agreed date,

time, and location. The parties may contact the Court’s ADR Administrator for assistance in

locating rooms at the courthouse for the mediation.

4.5 Written Submissions

Unless otherwise ordered, the parties shall exchange, and serve on the assigned mediator,

fully-documented settlement demands and offers prior to the conference, with the

demand being due at least two weeks before the date selected for the conference, and the

response not less than one week before that date.

No written mediation memoranda are to be electronically filed on the Court’s docket or

provided to the Court or presiding judicial officer. If the Clerk’s Office receives any

written submission, it will be forwarded to the ADR Administrator for processing.

4.6 Number of Sessions

More than one session may be held. The Court’s ADR Administrator may be utilized to

facilitate the scheduling of additional mediation or settlement conferences. The mediator

shall keep the judicial officer assigned to the case advised of any continuation of the

scheduled mediation.

4.7 Continuance

A settlement week mediation may be continued or vacated only by the Court. A request to

continue or to vacate must be made to the Court either in a written motion or during a

conference with the Court. A request to continue or to vacate must be supported by a

statement that the requesting party has conferred with opposing counsel and a statement

of reasons for the request. If the request is based on a need for discovery, the requesting

party shall specify the discovery needed, the time necessary to complete that discovery

and the reason that such discovery has not been completed. A request to continue shall

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also propose a date for rescheduling the mediation. The CM/ECF system shall notify the

ADR Administrator that such motion has been filed.

4.8 Settlement

The mediator shall notify the ADR Administrator or judicial officer’s Courtroom Deputy that

a settlement has been reached. The ADR Coordinator, the ADR Administrator or Courtroom

Deputy shall electronically notify the presiding judge that the case has settled.

4.9 Continued in Progress

If no agreement is reached, but the mediator and the parties believe that further settlement

efforts would be productive, the mediation will be docketed as continued in progress with

the parties agreeing to take specific steps that will move them closer to settlement.

4.10 No Settlement

If an impasse is declared, within five (5) days of conclusion of the mediation, the mediator

shall notify the ADR Coordinator, the ADR Administrator or Courtroom Deputy that no

settlement has been reached and advise whether the parties have complied with the

requirements of the mediation. The ADR Coordinator, the ADR Administrator or

Courtroom Deputy shall electronically notify the presiding judge that the case was not

settled and the mediation has been terminated.

4.11 Mediator Qualifications and Training

The Court shall select qualified mediators for appointment to the Court's roster of

volunteer mediators. The Court may provide training for the neutrals as provided in S.D.

Ohio Civ. R. 16.3(d).

4.12 Disqualification

Mediators may be disqualified for bias or prejudice as provided in 28 U.S.C. § 144 and must

disqualify themselves in any action that would require disqualification if they were a

justice, judge, or magistrate judge under 28 U.S.C. § 455.

Settlement Week Mediation Page 10 February 21, 2013

4.13 Immunity

Mediators have immunity to the extent provided by law.

4.14 Fees

Court appointed mediators serve without compensation.

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5.0 Attorney-Based Mediation

5.1 Description

As part of the Southern District of Ohio ADR Plan, the Court offers attorney-based

mediation. Attorney-based mediations are conducted by volunteer lawyers pursuant to

S.D. Ohio Civ. R. 16.3(d). The presiding judicial officer is authorized to refer any case to

attorney-based mediation.

Attorney-based mediation sessions are generally held within a time frame set by the

presiding judge at the preliminary pretrial conference. In general, mediation sessions

must be scheduled within forty-five (45) days of the Court’s referral unless otherwise

ordered.

5.2 Order of Referral to Mediation

An order of referral to mediation is issued via the Court’s electronic filing system to all

counsel, parties, and the ADR Administrator. The Order of referral will include a deadline

for completion of the mediation process.

5.3 Mediator Selection Process

The ADR Administrators shall send to counsel sixty (60) days before the mediation

deadline:

1. A notice of the Court requiring the attorneys to confer and determine if the case

is ready for the selected ADR process; and

2. The roster of available mediators.

The parties have ten (10) days to:

1. Respond to the ADR Administrator on the readiness of the case; and

2. Agree to a mediator.

If the parties cannot agree, the ADR Administrator shall assign a volunteer

mediator who has subject matter expertise and no conflict of interest.

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The ADR Administrator or other Clerk’s Office staff shall electronically file the

Notice of Designation of Mediator.

If the parties agree to use a mediator outside of the Court’s volunteer mediator

roster and there is a cost associated with the mediation, the parties shall agree,

in writing, as to each party’s respective share of the cost.

5.4 Mediation Session

The mediator or the ADR Administrator shall electronically file a notice of the date, time,

and location of the mediation session via the Court’s CM/ECF system. Such notice shall be

filed approximately forty-five (45) days before the conference. Mediations may be held at

the courthouse or at another location as determined by the mediator with the consent of

the assigned district judge or magistrate judge. If the mediation will be held at the

courthouse, the mediator shall contact the ADR Administrator for assistance with obtaining

suitable space within the courthouse.

Once scheduled, the attorney-based mediation session may only be canceled by order of

the Court for good cause shown.

5.5 Written Submissions

No later than fourteen (14) days before the mediation, each plaintiff must submit to

counsel for all opposing parties a fully documented, written settlement demand; and no

later than ten (10) days before the mediation, each opposing party must respond, in

writing, to each settlement demand fully documenting that party’s position.

Seven (7) days before the mediation, each party must submit a brief confidential

statement, not to exceed five (5) pages, of the factual and legal issues; a description of

previous settlement discussions, offers and demands; an analysis of all parties’ interests in

the dispute and settlement; and the names and positions of all persons who will attend

the mediation. These statements shall be emailed to the mediator only. They shall NOT

be served on the other parties and shall NOT be filed with the Court. Mediation

statements are not legal briefs or arguments. They are an opportunity for counsel to

share with the mediator information and insights that will be useful in acquainting the

mediator with the dispute and the factors that might lead to settlement. The mediator

shall have access to the case docket; therefore, it is not necessary to include filings from

the Court’s docket.

No written mediation memoranda are to be electronically filed on the Court’s docket or

provided to the Court or presiding judicial officer. If the Clerk’s Office receives any

written submission, it will be forwarded to the ADR Administrator for processing.

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5.6 Number of Sessions

More than one session may be held. The Court’s ADR Administrator may be utilized to

facilitate the scheduling of additional mediation or settlement conferences. The mediator

shall keep the judicial officer assigned to the case advised of any continuation of the

scheduled mediation.

5.7 Continuance

A continuance beyond the deadline set by the Court may only be granted by the Court.

5.8 Settlement

The mediator shall notify the ADR Administrator that a settlement has been reached.

The ADR Administrator shall electronically notify the presiding judge that the case has

settled. An order will be placed on the docket directing the parties to file an entry of

dismissal within thirty (30) days.

5.9 Continued in Progress

If no agreement is reached, but the mediator and the parties believe that further

settlement efforts would be productive, the mediation will be docketed as continued in

progress with the parties agreeing to take specific steps that will move them closer to

settlement.

5.10 No Settlement

If an impasse is declared, within ten (10) days of the conclusion of the conference, the

mediator must submit a written statement to the ADR Administrator indicating that no

settlement was reached and advising whether the parties complied with the requirements

of attorney-based mediation. The ADR Administrator shall electronically notify the

presiding judge that the case was not settled and the mediation has been terminated.

5.11 Mediator Qualifications and Training

The Court shall select qualified mediators for appointment to the Court's roster of

volunteer mediators. The Court may provide training for the neutrals as provided in S.D.

Ohio Civ. R. 16.3(d).

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5.12 Disqualification

Mediators may be disqualified for bias or prejudice as provided in 28 U.S.C. § 144 and

must disqualify themselves in any action that would require disqualification if they were a

justice, judge, or magistrate judge under 28 U.S.C. § 455.

5.13 Immunity

Mediators have immunity to the extent provided by law.

5.14 Fees

Court appointed mediators serve without compensation.

Judicial-Based Mediation Page 15 February 21, 2013

6.0 Judicial-Based Mediation

6.1 Description

As part of the Southern District of Ohio ADR Plan, the Court offers judicial-based mediation.

Judicial-based mediations are mediations conducted by a judicial officer other than the

district judge or magistrate judge assigned to the case. Cases may be referred to judicial-

based mediation with or without party consent. Parties may be excused from participating

in judicial-based mediation, for good cause shown, upon motion made to the presiding

district judge or magistrate judge. Sessions for judicial-based mediation are generally held

within forty-five (45) days of the referral unless otherwise ordered by the Court.

6.2 Order of Referral to Mediation

An order of referral to judicial-based mediation is issued via the Court’s electronic filing

system to all counsel, parties, and the ADR Administrator.

6.3 Mediator Selection Process

The district judge or magistrate judge may directly assign the case to another district judge

or magistrate judge for purposes of judicial-based mediation or order that the Clerk’s Office

randomly assign the case through CM/ECF. If the CM/ECF system will be utilized, the

selection process shall include only those judicial officers who have indicated a willingness

to participate in judicial-based mediations. The ADR Administrator or other designated

Clerk’s Office staff shall electronically file the Notice of Designation of Mediator. The

mediator shall schedule the mediation conference within forty-five (45) days of receipt of

the Notice of Designation, unless otherwise ordered by the judicial mediator or referral

judge.

6.4 Mediation Session

The judicial officer selected to mediate the case shall electronically file a notice through the

CM/ECF system setting forth the date, time, and location of the mediation. The judicial

officer may also issue Orders setting forth the manner in which the mediation shall

proceed, and address related issues in such Orders, as permitted by S.D. Ohio Civ.

R.16(3)(e).

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6.5 Written Submissions

Unless the parties are ordered otherwise, no later than fourteen (14) days before the

mediation, each plaintiff must submit to counsel for all opposing parties a fully

documented, written settlement demand; and no later than ten (10) days before the

mediation, each opposing party must respond, in writing, to each settlement demand fully

documenting that party’s position.

Seven (7) days before the mediation, each party must submit a brief confidential

statement, not to exceed five (5) pages, of the factual and legal issues; a description of

previous settlement discussions, offers and demands; an analysis of all parties’ interests in

the dispute and settlement; and the names and positions of all persons who will attend the

mediation. These statements shall be emailed to the mediator only. They shall NOT be

served on the other parties and shall NOT be filed with the Court. Mediation statements

are not legal briefs or arguments. They are an opportunity for counsel to share with the

mediator information and insights that will be useful in acquainting the mediator with the

dispute and the factors that might lead to settlement. The judicial mediator will have

access to the case docket; therefore, it is not necessary to include filings from the Court’s

docket.

No written mediation memoranda are to be electronically filed or shown to the Court or

judicial officer. If the Clerk’s Office receives any written submission, it will be forwarded

to the ADR Administrator for processing.

6.6 Number of Sessions

More than one session may be held. The Court’s ADR Administrator may be utilized to

facilitate the scheduling of additional mediation or settlement conferences.

6.7 Continuance

A continuance beyond any deadlines set by the Court may only be granted by the presiding

or referral judge.

6.8 Settlement

Unless otherwise ordered, the judicial mediator shall electronically file an order directing

the parties to file an entry of dismissal within thirty (30) days. The presiding judge and ADR

Administrator shall receive electronic notification of such order.

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6.9 Continued in Progress

If no agreement is reached, but the mediator and the parties believe that further

settlement efforts would be productive, the mediation will be docketed as continued in

progress, generally with the parties agreeing to take specific steps that will move them

closer to agreement.

6.10 No Settlement

If an impasse is declared, the mediator shall notify the presiding judge and ADR

Administrator that a settlement was not reached.

6.11 Disqualification

Judges may be disqualified for bias or prejudice as provided in 28 U.S.C. § 144 and must

disqualify themselves in any action in which they would be required under 28 U.S.C. § 455.

6.12 Immunity

Mediators have immunity to the extent provided by law.

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7.0 Summary Jury Trials

7.1 Description

As part of the Southern District of Ohio ADR plan, the Court offers summary jury trials. A

summary jury trial is an abbreviated trial held before a judicial officer and an advisory jury.

The jury is empanelled in the same manner as a regular trial; however, the jurors will not

be told, until after the trial, that their decision will have no binding effect. The attorneys

will present summaries of witness testimony as well as their own arguments. No live

witnesses are called. The parties may not contradict any previously stipulated facts. The

jury is charged and returns a verdict as in any jury trial. The advisory verdict then serves as

a basis for settlement discussions. The verdict is non-binding and is intended to facilitate

settlement discussions by giving the parties and counsel an insight into the jury’s

evaluation of their respective cases. If the case is not resolved through settlement, the

case proceeds to a regular jury trial. A summary jury trial is best suited for complex cases.

7.2 Referral Method

The judge may conduct a summary jury trial only with the consent of all parties.

7.3 Order Setting Summary Jury Trial

An order setting the case for summary jury trial shall be entered by the presiding judge.

The order shall include a date for the final pretrial/charging conference and the summary

jury trial.

Rules Regarding Summary Jury Trial

1. If the parties jointly request that a detailed jury questionnaire be sent to prospective

jurors and the results made available to counsel prior to the summary jury trial, they

shall submit to the Court one week before the final pretrial/charging conference for

its review, an agreed-upon proposed jury questionnaire.

2. Unless excused by the Court, the parties shall submit proposed voir dire questions,

jury instructions, jury interrogatories, and a brief detailing any issues of law one

week before the final pretrial/charging conference.

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3. Prior to trial, counsel shall confer concerning physical exhibits, including documents

and reports, and reach such agreement as is possible as to the use of such exhibits.

4. Two weeks prior to a summary jury trial, plaintiff’s counsel shall provide defense

counsel with itemization of the documents, witness depositions, interrogatories,

requests for admissions, and affidavits they intend to refer to in the summary jury

proceedings. One week before trial, defense counsel shall provide plaintiff’s

counsel with like itemization. The parties shall specifically identify the portions of

such evidence upon which they plan to rely.

5. The action shall be heard before a six-member jury. Counsel for plaintiff and counsel

for defendant will be permitted two challenges each to the venire (two for ALL

plaintiff(s) and two for ALL defendant(s)), and will be assisted in the exercise of such

challenges by a brief voir dire examination to be conducted by the Court and by juror

profile forms. There will be no alternate jurors.

6. Unless excused by Order of the Court, individual clients shall be in attendance at the

summary jury trial. Corporate clients shall be represented at all the summary jury

trial by top echelon officers or by someone with immediate access to the corporate

decision-making mechanism.

7. Counsel will make a brief opening statement.

8. Following opening statements, all evidence shall be presented through the attorneys

for the parties. Both plaintiff's counsel and defense counsel will be afforded an

opportunity to present an entirely descriptive summary of the evidence. During such

descriptive summaries, counsel may summarize and present the evidence and may

summarize or quote directly from depositions, interrogatories, requests for

admissions, documentary evidence, and sworn statements of potential witnesses.

However, no witness's testimony may be mentioned unless the reference is based

upon one of the products of the various discovery procedures, or upon a written,

sworn statement of the witness, or upon sworn affidavit of counsel that the witness

would be called at trial and will not sign an affidavit, and that counsel has been told

the substance of the witness's proposed testimony by the witness. Furthermore,

counsel will not be permitted to characterize or interpret the evidence during this

phase of the summary jury trial proceedings.

9. Following the descriptive summaries of the evidence by both sides, each side will

have the opportunity to present closing arguments. At this point counsel may

characterize the evidence and proffer inferences that they feel flow from the

evidence.

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10. Objections will be entertained if, in the course of a presentation, counsel exceeds

the limits of propriety in presenting statements as to the evidence.

11. After counsels’ closing arguments, the jury will be given an abbreviated charge on

the applicable law.

12. The jury may return either a consensus verdict or a special verdict consisting of an

anonymous statement of each juror's findings on liability and damages (each known

as the jury's advisory opinion). The jury will be asked to consider the issue of

damages regardless of its findings on liability. The jury will be encouraged to return

a consensus verdict. The jury findings will not be admissible as evidence should the

case proceed to trial.

13. No statement of counsel or any party during the course of the summary jury trial will

be construed as judicial admissions.

14. Unless specifically ordered by the Court, the proceedings will not be recorded.

Counsel may, if so desired, arrange for a court reporter for their own benefit and at

their own expense; however, no transcript shall be filed with the Court.

15. Counsel may stipulate that a consensus verdict by the jury will be deemed a final

determination on the merits and that judgment be entered thereon by the Court, or

may stipulate to any other use of the verdict that will aid in the resolution of the

case.

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8.0 Program Administration

8.1 The Chief Judge shall appoint a magistrate judge in each city to serve as ADR Coordinator.

The ADR Coordinator shall:

Work with the local judicial officers to create and maintain a judge mediation

assignment deck;

Solicit and modify the attorney mediator roster as necessary;

Arrange for necessary training of volunteer attorney mediators;

Review statistics and make necessary adjustments to the processes;

Review the frequency of motions to continue mediation and make necessary

adjustments to the process to ensure that best practices are maintained;

Work with their local judicial officers to maintain:

1. The Rule 26(f) form;

2. The Order of referral; and

3. The ADR program.

8.2 The Clerk of Courts or operations management shall appoint a deputy clerk from each city

to serve as ADR Administrator. The ADR Administrator shall:

Maintain the attorney mediator roster, including verifying contact information,

conflicts, and other information at least every three (3) years;

Send to counsel in attorney-based mediations sixty (60) days before deadline

the notice regarding readiness;

Confer with attorney-based mediators concerning potential conflicts;

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File Notice of Designation, if applicable;

Send mediator roster to counsel in referred cases, if applicable;

Select attorney from mediator roster if counsel cannot agree; and

Perform other duties as required by the Chief Judge or ADR Coordinator.

8.3 The Clerk of Courts or operations management shall appoint a lead ADR Administrator.

The lead ADR Administrator shall:

Provide monthly statistical reports to the ADR Coordinators, the Chief Judge, the

Clerk of Court, the Chief Deputy of Operations, and Division Managers;

Provide statistical information to the Administrative Office of the United States

Courts as directed or required;

Maintain the judge mediation assignment deck as directed by the Chief Judge or

ADR Coordinators;

Maintain statistics as required by the Chief Judge or ADR Coordinators.