District of Alaska

IN BRIEF

Process summary

ADR generally. Based on the CJRA advisory group's conclusion that the district is too small and its resources are too limited to offer an ADR program, the District of Alaska has determined that it will not establish any court-based ADR programs at this time. Settlement assistance is provided through judge-hosted settlement conferences.

Judicial settlement conferences. The judges may require litigants to participate in judge-conducted settlement conferences. Before the settlement conference, the settlement judge usually requires the parties to submit confidential memoranda to the judge stating their opening settlement positions. Counsel are expected to evaluate the case fairly and reasonably and to discuss the case's strengths and weaknesses with the client. If, after a review of the settlement positions, the settlement judge believes there is no reasonable possibility of settlement, the settlement conference is canceled. For example, when counsel differ greatly on the dollar value of a case, the court informs the parties in general terms of this circumstance and states that the settlement conference will be rescheduled when and if the parties are prepared to reevaluate their opening settlement positions.

Of note

Plans. The court will consider ADR again after the Alaska state courts adopt a planned ADR rule.

For more information

H. Russel Holland, U.S. District Judge, 907-271-5621

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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