Western District of Louisiana
IN BRIEF
Process summary
Mediation and arbitration.
In its CJRA plan, effective December 1, 1993, the Western District of Louisiana encourages use of alternative dispute resolution but notes that the court "will not establish formal procedures for mediation or arbitration." The court maintains a registry of mediators and arbitrators who volunteer to be on the list and provide their services at fees they set. The registry is composed primarily of attorneys but includes other professionals as well. If the parties to a case want to use ADR, they can request the court's list. The plan also authorizes judges to order nonbinding mediation or arbitration in appropriate cases. No cases have voluntarily selected or been ordered to mediation or arbitration.
Other ADR.
Two of the court's magistrate judges conduct summary jury trials, and minitrials have been used in some cases. The court has also appointed special masters for settlement purposes in appropriate cases.
Judicial settlement conferences.
The court holds settlement conferences on request by the parties.
Of note
Obligations of counsel.
Attorneys must demonstrate in their case management statement that they have discussed ADR with opposing counsel, and they must also be prepared to discuss ADR options with the assigned judge. In addition, under the uniform scheduling order instituted under the court's CJRA plan, counsel must file an affidavit with the clerk of court certifying that they have met to discuss settlement and stating the date of the settlement discussions. Defense counsel must also attest that any settlement offer made by the plaintiff was conveyed to the defendant.
Plans.
The court's CJRA committee is preparing a report for the court on how best to communicate available ADR methods to litigants.
For more information
Robert Shemwell, U.S. Magistrate Judge and Clerk of Court, 318-676-4225; Pam Mitchell, CJRA Staff Attorney, 318-670-4232
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