[ADR] District of Idaho

District of Idaho

IN BRIEF

Process summary

Arbitration. In its CJRA plan, effective March 1, 1992, the District of Idaho authorized an arbitration program. See below.

Magistrate judge settlement conferences. The court systematically identifies cases in which discovery is complete and a settlement conference would be appropriate. Suitable cases are referred to a magistrate judge for a settlement conference. If counsel object to the referral, they must state their reasons in writing.

Of note

Obligations of counsel. The court requires counsel to read the court's ADR information and to discuss ADR options with their clients.

Information from court. In cases selected by the court, counsel are sent information explaining the availability of arbitration and the court's Arbitration Rules and Procedures, which describe the procedure in detail.

Plans/evaluation. The CJRA advisory group evaluated the effects of the voluntary arbitration program and found a number of problems, including timing, evidence, confidentiality, and relinquishment of decision-making power. They concluded that the bar is much more familiar with mediation and would be more likely to use mediation than arbitration. The court has subsequently established a mediation program (see General Order 121, adopted November 6, 1995). The court also hopes to reformulate the arbitration program and offer a form of neutral case valuation.

For more information

Tom Murawski, Administrative Supervisor/ADR Coordinator, 208-334-9205

IN DEPTH

Arbitration in Idaho

Overview

Description and authorization. Under its CJRA plan, effective March 1, 1992, the District of Idaho established a voluntary arbitration program. Any civil case not involving prisoners is eligible for arbitration at the parties' discretion. Arbitration may occur at any stage in the case, although the court considers it more beneficial if substantial discovery has taken place. If the parties choose arbitration, they and the court select one or three arbitrators from the court's list of trained attorney-neutrals. There is no penalty for not accepting an arbitration award, and parties who consent to arbitration do not lose their position on the judge's trial calendar. Parties who choose arbitration are encouraged to agree that the decision will be binding. The court's program, which is not within the ambit of 28 U.S.C. งง 651-658, is described in the court's Arbitration Rules and Procedures.

Number of cases. Between January and November 1994, no cases were referred to arbitration.

Case selection

Eligibility of cases. Almost all civil cases are eligible for arbitration, except prisoner cases.

Referral method. The court notifies parties in appropriate cases of the availability of arbitration and systematically targets some cases at certain stages of the litigation to remind them of the availability of the procedure. The arbitration process, however, is initiated only if a party requests it. If one party requests arbitration, the court attempts to secure the participation of the other parties.

Opt-out or removal. There is no procedure for removal because referral occurs only at the consent of all parties.

Scheduling

Referral. Parties may request arbitration at any stage in the case, but the court considers is more beneficial if substantial discovery has taken place.

Discovery and motions. Other events in the case are not stayed during the arbitration process. Cases that participate in arbitration keep their position on the assigned judge's calendar, and the judge retains responsibility for overall management of the case. The arbitrator has authority, however, to decide all matters relating to the arbitration, including arbitration discovery issues.

Written submissions. At least ten days before the arbitration hearing, each party must provide to the arbitrator and all parties a summary of the facts and legal positions, relevant documentation supporting the claims, and a list of witnesses.

Arbitration hearing. Unless the parties agree otherwise or show good cause, the arbitrator conducts the hearing between twenty and ninety days after notification of selection of the arbitrator. The hearing must be held at least sixty days before the scheduled trial. The arbitrator designates the location for the hearing and, unless otherwise agreed to by the parties, schedules the hearing during business hours.

The arbitrator is authorized to administer oaths, and all testimony is under oath. The scope and length of the hearing are determined by the arbitrator. In receiving evidence, the arbitrator is guided by the Federal Rules of Evidence but is not precluded from requesting other relevant evidence that is not privileged.

Length of hearing. This information is not yet available.

Program features

Party roles and sanctions. All counsel and parties, including individual litigants, representatives of corporate parties, and insurance carriers, are required to attend the hearing unless excused by the arbitrator. The court's plan does not specify whether or what type of sanctions might be imposed for failure to comply with the attendance and other requirements.

Filing of award. Within thirty days of the hearing, the arbitrator must provide the parties a written award. When the arbitrator serves the award, the court is notified of this action but not of the decision itself, which is sealed. If the parties accept the arbitration award, it is filed and entered as the judgment. If the parties do not accept the award, they must notify the court within thirty days of receipt of the award.

De novo request. Any party not satisfied with the award must file a written demand for trial de novo within thirty days of receipt of the award.

Confidentiality. No recording may be made without consent of all the parties. No ex parte communication between the arbitrator and any counsel or party is permitted. All memoranda and other materials are confidential and are returned to the parties after the arbitration process. Any communication made during the process by any participant is confidential, is not subject to discovery, and may not be submitted in subsequent proceedings in the case. The arbitration award itself is sealed.

Neutrals

Qualifications and training. To be eligible for the court's roster, applicants must (1) have been admitted to practice for five years or have special expertise in arbitration, (2) be a member of the bar or a retired judge or attorney, (3) have experience in complex cases, and (4) have attended a comprehensive arbitration training session. Arbitrators must also complete a one-day training session conducted for the court by expert trainers.

Selection for case. If the parties agree to arbitrate the case, the court provides a list of arbitrators. The parties may indicate their preferences, but the court makes the final selection. In large, complex cases, the parties may select three arbitrators. If the parties agree, they may select an arbitrator not on the court's roster.

Disqualification. No person may serve as an arbitrator in an action in which any of the circumstances set forth in 28 U.S.C. ง 455 exist. All arbitrators are also governed by the American Arbitration Association's Code of Ethics for Arbitrators in Commercial Disputes.

Immunity. The court's rules do not address immunity.

Fees. Each arbitrator receives $100 per hour, paid by the parties and usually shared jointly. In large, complex cases, the arbitrators and parties may negotiate the fee.

Program administration

The arbitration program is administered by the clerk's office.

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