Northern District of Georgia
IN BRIEF
Process summary
Arbitration.
The Northern District of Georgia authorized a mandatory, nonbinding court-annexed arbitration program in its CJRA plan, effective December 31, 1991. Current law authorizing mandatory arbitration programs in federal district courts (28 U.S.C. §§ 651-658) does not include this district, and therefore the Northern District of Georgia will not implement an arbitration program until it receives funding and statutory authority.
Special masters program.
Also authorized under the court's CJRA plan is a voluntary program that would permit parties in complex cases to refer cases to a special master for discovery management and trial. The rulings and findings of the special master would be binding on the parties and reversible by the court only if clearly erroneous. The court is seeking government funding to pay the special masters and will not implement the program until funds are available.
Other court ADR.
Several judges use ADR processes on a case-by-case basis. One judge is experimenting with early neutral evaluation. Another has referred a case to a minitrial conducted by a magistrate judge, who rendered an advisory opinion after an abbreviated hearing. Special masters, paid by the parties, have also been used in complex cases.
Private ADR.
A number of the court's judges recommend the use of private mediation or arbitration in appropriate cases. A variety of civil cases, including ERISA cases, have been referred with party consent to private arbitration programs in the community. Mediation is recommended generally in complex civil cases, and referral is based on party consent. If the parties consent to private ADR, the parties select a neutral, make all arrangements, and pay the neutral's fee.
Of note
Obligations of counsel.
Under Local Rule 235-2, counsel are required to discuss settlement twice, first before the start of discovery and again within ten days of the close of discovery. Parties with settlement authority are required to attend the later conference with counsel. If settlement does not result, counsel must report the status of settlement negotiations to the court in their pretrial statement.
Plans.
See above for discussion of planned arbitration and special master programs.
Evaluation.
As one of the ten pilot courts established under the CJRA, the Northern District of Georgia is part of the RAND study of the pilot and comparison districts, which will be reported to Congress by the Judicial Conference in 1996.
For more information
Jeanne J. Bowden, Special Assistant, 404-331-0956; Luther D. Thomas, Clerk of Court, 404-331-6485
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