Northern District of Illinois


IN BRIEF

Process summary

ADR generally. On a case-by-case basis, some judges refer cases to ADR procedures, including mediation, arbitration, minitrials, summary jury and bench trials, and special settlement masters. Except for summary trials, which are conducted by judges, most ADR services are provided by private providers. Judges on the court differ considerably in the extent of their ADR use.

Judicial settlement conferences. The judicially hosted settlement conference is the most widely used settlement process in the Northern District of Illinois. Settlement conferences may be ordered by the assigned judge or at the request of one or all parties and may be hosted by the assigned judge, another district judge, or a magistrate judge. Where parties have consented to trial before a magistrate judge, a district judge may host the settlement conference. Under the court's standard order on pretrial procedure, litigants are required to assess settlement prospects before filing a final pretrial order.

Of note

Information from court. The court is preparing a pamphlet for litigants on private ADR resources available in the community. In addition, if the proposed trademark mediation program is adopted (see below), litigants in eligible cases will receive written information from the court on that program.

Plans. The court is considering a proposed amendment to the local rules authorizing a court-wide mediation program for trademark cases arising under the Lanham Act (15 U.S.C. §§ 1051-e). The court would provide parties with a list of mediators with expertise in Lanham Act disputes. Participation in the program would be based on party consent.

Evaluation. As one of the ten comparison districts under the CJRA, the Northern District of Illinois 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

Perry J. Moses, Chief Deputy Clerk, 312-435-5677


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