District of Maine
IN BRIEF
Process summary
ADR generally.
Although the District of Maine has not established an ADR program, it encourages participation in settlement efforts throughout the course of litigation. The court has used minitrials and summary jury trials and will use other ADR techniques as appropriate. At the Rule 16 conference, the judge explores ADR's suitability with counsel.
Judicial settlement conferences.
Settlement is actively discussed at the final pretrial conference, at which counsel are required to certify to the court that they have exchanged written settlement proposals and responses in accordance with the court's uniform scheduling order. Failure to comply with this requirement may result in sanctions. For cases in which the trial would be a bench trial, a judge other than the trial judge conducts the settlement conference. In appropriate cases, the judge may schedule an additional settlement conference and require party representatives with settlement authority to attend.
Of note
Obligations of counsel.
Attorneys are required to discuss ADR options with each other and their clients and to demonstrate that they have done so; they must also be prepared to address the case's suitability for ADR with the assigned judge.
Plans.
A subcommittee of the court's CJRA advisory group is studying current ADR use among federal practitioners. The results will inform the court's consideration of whether to establish formal court-based ADR programs.
For more information
William S. Brownell, Clerk of Court, 207-780-3356
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