Southern District of Indiana
IN BRIEF
Process summary
Mediation.
By Local Rule 53.2 and the CJRA plan, effective December 31, 1991, the Southern District of Indiana has authorized use of mediation in cases where all parties agree to participate in the procedure. See below.
Summary jury trial (SJT).
One judge uses the summary jury trial.
Magistrate judge settlement conference.
Settlement is explored at every pretrial conference, and nearly every case is referred to a settlement conference with a magistrate judge. Parties generally do not attend, although the magistrate judge is authorized to require their attendance. Magistrate judges may engage in shuttle diplomacy and, if the parties do not reach agreement but appear to be moving, will often propose a settlement for each side to consider. The magistrate judge reports settlement progress to the assigned judge.
Of note
Obligations of counsel.
Attorneys are required to discuss ADR with their clients and with each other and to address in their case management statement the suitability of ADR for their case. They must also be prepared to discuss ADR options for the case with the assigned judge.
Information from court.
A proposal for an ADR brochure is currently under consideration.
Plans/evaluation.
Before the court considers future ADR developments, it will evaluate the conclusion of an ongoing study of current procedures, which is being conducted by the CJRA advisory group.
For more information
John Paul Godich, U.S. Magistrate Judge, 317-226-7572
IN DEPTH
Mediation in Indiana Southern
Overview
Description and authorization.
Under Local Rule 53.2 and the CJRA plan, effective December 31, 1991, judges in the Southern District of Indiana may, with the consent of the parties, set any appropriate case for mediation. Parties in cases referred to mediation select a mediator from a certified list maintained by the state Supreme Court for the state system and pay the attorney's standard hourly fee. Referral to mediation may occur at any appropriate time, and other case activities may or may not be suspended during the mediation process. Cases referred to mediation remain subject to a settlement conference with a district or magistrate judge.
Number of cases.
From January to December 1994, approximately 150 cases used mediation, but since attorneys do not always report their use of the procedure to the court, the exact number is not known.
Case selection
Eligibility of cases.
All types of cases may be mediated, but personal injury cases are the most common referral. No type of case is presumed to be ineligible.
Referral method.
Referral to mediation requires consent of all the parties. Usually the process originates with the parties, although district and magistrate judges or court staff also may suggest mediation at a pretrial conference.
Opt-out or removal.
No opt-out or removal procedure is necessary, as referrals are always by party choice.
Scheduling
Referral.
A referral to mediation may occur at the initial scheduling conference, after discovery has been completed, or at any other appropriate time.
Written submissions.
Discretion lies with the attorney-mediator whether and when to request written submissions. Usually each side gives the mediator a confidential settlement statement.
Mediation session.
Mediation sessions are arranged by the mediator and are held at the mediator's office.
Number and length of sessions.
Mediation sessions last two to four hours. Typically one or two sessions will suffice, but many mediators schedule multiple conferences until the case is settled or an impasse is reached.
Program features
Discovery and motions.
Discovery and other case activities are usually suspended during the mediation process, but they may go forward. Parties may request suspension of discovery, which is subject to court approval.
Party roles and sanctions.
The mediators usually order parties to attend. There are no sanctions for noncompliance with mediation. Since the process is consensual, the need rarely arises.
Outcome.
The court does not require any filings at the conclusion of mediation, but parties usually file a stipulation of dismissal if mediation has settled the case.
Confidentiality.
Confidentiality is not addressed by Local Rule 53.2. By local custom and practice, the parties expect mediators to maintain confidentiality.
Neutrals
Qualifications and training.
To be placed on the certified list of mediators, applicants must have been admitted to the bar and must have completed a forty-hour certification training program required by the state Supreme Court. They must also have had five hours of training in the two years before they apply to be on the list.
Selection for case.
The parties select a mediator from a list of certified mediators maintained by the state Supreme Court.
Disqualification.
This subject is not addressed in Local Rule 53.2. The state Supreme Court Rule 2.5 states that a mediator may not have an interest in the outcome of the litigation or be employed by or related to the parties.
Immunity.
The court states that the issue of immunity is unresolved.
Fees.
The parties pay the mediators their usual hourly attorney's fee.
Program administration
The program is administered on a case-by-case basis by the assigned judge, the magistrate judge, and their courtroom deputies.
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