Southern District of Georgia
IN BRIEF
Process summary
ADR generally.
In the Southern District of Georgia, Local Rule 3.3, which became effective September 1, 1994, requires counsel at the beginning of each case to advise their clients of the availability of mediation, binding arbitration, nonbinding arbitration, and assignment of the case to a magistrate judge. To ensure that counsel have done so and that the parties give full consent to participation in ADR, the court requires counsel for each party to file with the clerk and to send to opposing counsel a form entitled Notice of Case Management Procedures (Litigant's Bill of Rights). On the form, counsel must certify that the ADR options have been explained to the client and must state whether the client is interested in using an alternative procedure. Counsel for plaintiffs must file the form within fifteen days of filing the complaint; counsel for defendants must file the form with their answer. The court sua sponte, or on motion by counsel, can provide assistance in setting up ADR procedures appropriate for the case. Cases exempted by Local Rule 16.1 scheduling requirements are also exempted from ADR requirements (Social Security cases, habeas corpus cases, bankruptcy proceedings, condemnation cases not involving real property, mortgage and foreclosure cases, government collection actions, actions to enforce or register judgments, civil forfeiture actions, cases that will clearly be transferred to multidistrict litigation, and claims for relief under maritime or admiralty jurisdiction).
Judicial settlement conferences.
District and magistrate judges regularly require settlement conferences as part of status and pretrial conferences conducted pursuant to Local Rules 16.2 and 16.5. Local Rule 16.5 specifically provides that at the pretrial conference the court may require a party or its representative with settlement authority to be present or available by telephone to consider settlement options.
Of note
Obligations of counsel.
See ADR generally above.
For more information
B. Avant Edenfield, Chief U.S. District Judge, 912-652-4080
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