Northern District of Iowa
IN BRIEF
Process summary
Magistrate judge settlement conferences.
In the Northern District of Iowa, most civil cases, excluding prisoner, Social Security, habeas, and routine collection cases, are eligible for referral to a settlement conference. The assigned judge may refer a case to a magistrate judge for settlement without party consent. Generally the referral occurs in cases that have not settled by the time of the final pretrial conference, although the judges may refer cases at other times if appropriate or if requested by the parties. The parties are notified of the referral by order of the court and must attend the conference. Sanctions may be imposed for noncompliance.
In the settlement conference, the magistrate judge meets with the parties to try to reach settlement. Shuttle diplomacy may be used, but the magistrate judge does not offer an evaluation of the case or give a decision. Settlement conferences take about five hours. The court has an informal policy that the settlement judge will not discuss the particulars of the settlement conference with the presiding judge if the case does not settle.
The court's program, which is called mediation, has not been encoded in written rules or orders, although it is an established procedure in the court. Approximately forty cases were referred to magistrate judge settlement conferences between January and September 1994.
Summary jury trial (SJT).
On occasion a judge has held a summary jury trial.
Of note
Obligations of counsel.
Counsel must discuss ADR options in the Rule 16 scheduling report.
Plans.
The court is in the process of adopting a court-based mediation program using attorney-neutrals who will serve without compensation.
For more information
John A. Jarvey, Chief U.S. Magistrate Judge, 319-364-4509
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