Southern District of Iowa
IN BRIEF
Process summary
Judicial settlement conferences.
Judicial settlement conferences, also called mediation conferences by the court, are an established but not specifically authorized ADR method in the Southern District of Iowa. Almost any civil case is eligible for referral, but referral is most common in lengthy cases. Prisoner, foreclosure, Social Security, and seizure cases are not eligible. Referral to settlement may occur at any time appropriate for the case, including before, during, or after trial. The parties may request a settlement conference, and the district and magistrate judges may refer cases sua sponte. Two district judges routinely refer cases 120 days before trial. After the referral order, a magistrate judge holds a telephone conference with counsel to explore settlement prospects. If settlement appears unlikely, a conference is not scheduled or is scheduled for later in the case.
Before a settlement conference, each party must submit a brief summary of factual and legal issues to the settlement officer, and at least three days before the conference, parties must submit to the settlement officer a concise statement of the evidence to be produced at trial. These documents are not given to other parties in the case or filed with the court. The settlement officer-a judge not assigned to try the case-meets with counsel and the parties to discuss settlement options. The settlement officer caucuses separately with each side and may make suggestions about case value if appropriate. The settlement proceedings are protected by the confidentiality provisions of the Federal Rules of Evidence.
Parties must attend the settlement conference, although the court will permit attendance by telephone under some circumstances (e.g., distance, poverty, or representation by an insurance company). Failure to attend, as well as failure to comply with any aspect of the settlement process, may result in sanctions. The first settlement conference typically lasts two to four hours. If a settlement is not reached, additional sessions may be held at the discretion of the settlement officer and are often conducted by telephone.
At the conclusion of the settlement conference, the settlement judge files an order stating whether the case settled. If it did, a date for submission of closing documents is specified in the judge's order. Between January and September 1994, approximately seventy-five cases were referred to judicial settlement conferences.
Settlement week calendar.
In addition to their regular settlement work, once each year the magistrate judges receive additional cases for settlement conferences. During the 90- to 120-day period before the court's April master trial calendar (held for short trials), the magistrate judges hold settlement conferences in the cases set on the calendar. In 1994, 51 cases were set.
Appointment of special master for settlement.
By special order of the court, a special master, working with a magistrate judge, was appointed to settle a large number of asbestos cases. He is now serving as settlement master in a major products liability case.
Summary jury trial (SJT).
By court order and with consent of the parties, the court may refer lengthier, complex civil cases for a summary jury trial.
Of note
Obligations of counsel.
Attorneys must be prepared to discuss ADR options with the assigned judge and must discuss in the case management statement the suitability of ADR for the case.
Plans.
The court is considering early neutral evaluation conducted by the magistrate judges. The court may also establish a triggering mechanism for referral to settlement in all cases at the time of the order setting trial and may use nonjudicial adjuncts with appropriate training to conduct the settlement conferences.
For more information
Celeste F. Bremer, Chief U. S. Magistrate Judge, 515-284-6200
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