Eastern District of Louisiana



Updated December 1996. Portions of this court's information were updated since publication of the manual and differ from the printed version.



IN BRIEF

Process summary

ADR Generally. Under its CJRA plan, adopted December 1, 1993, the Eastern District of Louisiana authorizes the assigned judge to refer appropriate cases to private mediation with party consent and to mandate use of the mini-trial or summary jury trial with or without party consent. The CJRA plan also authorizes the assigned judge to employ any other ADR processes endorsed by the district. The court encourages the use of ADR, primarily through the judges and referrals to private providers outside the court.

Judicial Settlement Conferences. Pursuant to the court's CJRA plan and uniform scheduling order, judicial settlement conferences may be held at any time at the request of a party. The assigned judge may preside or arrange for another district judge or a magistrate judge to conduct the settlement conference. The magistrate judges, who are available to conduct ADR proceedings of all kinds, provide most of the court's ADR services.

When a case is referred to a settlement conference or ADR session with a magistrate judge, counsel of record with authority to bind must attend. In addition to counsel, the presiding judicial officer may require attendance by the party or its settlement-empowered representative.

The district's CJRA plan also requires the assigned judicial officer or the courtroom deputy to discuss with counsel at the preliminary scheduling conference the possibility of future settlement conferences or of an early neutral evaluation session. Local Rule 8.01E requires counsel to conduct timely settlement negotiations to avoid costly eve-of-trial settlements. In addition, the court's uniform pretrial notice requires counsel to be fully authorized and prepared to discuss settlement with the court during the final pretrial conference. Prior settlement negotiations are also urged in the uniform pretrial notice.

Of note

Information from court. The New Orleans Chapter of the Federal Bar Association is preparing a litigation handbook for the Eastern District of Louisiana that will include information about ADR.

For more information

Warren A. Kuntz, Jr., Administrative Assistant to the Chief Judge, 504-589-7406



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