Middle District of Alabama

IN BRIEF

Process summary

Magistrate judge settlement conferences. In the Middle District of Alabama, almost all civil cases are eligible for voluntary settlement assistance with one of the district's three magistrate judges. Under the court's settlement program, the assigned district judge discusses the voluntary settlement option with counsel late in the pretrial period or earlier if appropriate. If all counsel consent, the case is referred to one of three magistrate judges. Before the session, counsel submit position papers and records supporting damage claims. Parties with settlement authority are required to attend.

At the session, the magistrate judge frequently offers an evaluation of the case or gives a decision. The sessions are confidential, and contact between the magistrate judge and the assigned district judge is prohibited. Sessions generally last between three and eight hours; multiple sessions may be held.

The court's program, which is called mediation by the court, is authorized by the general order implementing the district's CJRA plan, which was effective December 1, 1993. Between January and September 1994, 105 cases were referred to magistrate judge settlement conferences.

Of note

Obligations of counsel. Under the court's pretrial order, counsel are required to discuss settlement and to inform the court of their progress within six weeks of the pretrial order.

Information from court. A statement describing the court's settlement program is attached to the pretrial order.

Plans. The court is considering emphasizing use of ADR earlier in the pretrial period. Use of the summary jury trial is also under consideration.

For more information

John L. Carroll, U.S. Magistrate Judge, 205-223-7540

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Excerpted from ADR and Settlement in the Federal District Courts: A Sourcebook for Judges & Lawyers, 1996, a publication of the Federal Judicial Center and CPR Institute for Dispute Resolution