Western District of Arkansas
IN BRIEF
Process summary
ADR generally.
The Western District of Arkansas has determined that it will not establish any court-based ADR programs but will provide settlement assistance through magistrate judge settlement conferences.
Magistrate judge settlement conferences.
The Western District of Arkansas is experimenting with a mandatory settlement conference program in which one of the court's three district judges refers almost all civil cases to magistrate judges for settlement conferences. Cases involving prisoners, student loans, and social security appeals are excluded from referral; cases involving the U.S. government as plaintiff may be excluded by the assigned judge at his or her discretion. Eligible cases are referred to the program automatically through the assigned judge's scheduling order.
The purpose of the settlement conference program is to improve communication between the parties and to provide an evaluation of the case where appropriate. The confidentiality of the sessions are protected by Fed. R. Evid. 408, and the hosting magistrate judge does not discuss any aspect of the settlement proceeding with the referring judge.
Before the settlement conference, which is generally held thirty to sixty days before trial, each party provides the magistrate judge with a concise description of claims, defenses, and trial evidence. The magistrate judge determines the timing of the conference, whether the parties must attend, and whether the conference will be conducted by telephone or in person. Conferences generally take one to two hours, and there may be several follow-up telephone conferences. At the conclusion of the process, the magistrate judge files a report indicating only whether settlement occurred.
No local rules have been enacted for this experimental program. Authorization is provided in each referral order. Approximately ninety cases were referred to magistrate judge settlement conferences between January and September 1994.
Of note
Information from court.
The court is preparing a brochure that will identify private ADR resources available to litigants.
For more information
Beverly R. Stites, U.S. Magistrate Judge, 501-783-7045
Bobby E. Shepherd, U.S. Magistrate Judge, 501-863-3173
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