District of Massachusetts
IN BRIEF
Process summary
ADR generally.
On April 29, 1994, the District of Massachusetts authorized referral to a range of ADR processes, including early neutral evaluation, mediation, minitrial, and summary jury trial. Litigants are encouraged to explore ADR early in the case and to consider whether any of the authorized options are suited to the case. If the parties choose one, the ADR sessions are conducted by neutrals selected from bar association panels or by the judges. On request, the court provides parties with a list of private providers of ADR services. Use of special masters in appropriate cases is also encouraged. Except for special masters and private providers of ADR services, all court-sponsored ADR is available at no charge to litigants. All processes are nonbinding, and most entail no more than a three-to-four-hour session. Use of all ADR procedures is voluntary and requires the consent of all parties. From adoption of the court's ADR programs on April 29, 1994, through October 1994, approximately thirty cases were referred to mediation.
Bar association summary trial procedure.
Some of the court's judges refer selected cases to a summary trial procedure managed by the Boston Bar Association. Cases referred to summary trial are tried at the courthouse before a panel of three neutrals appointed by the bar association and selected from its roster. The purpose of the procedure is to provide parties a realistic assessment of the value of their case. The proceedings include opening and closing statements by counsel and an overview of trial proofs. Evidentiary and procedural rules are few and flexible, and the panel's verdict is nonbinding. Summary trials typically last a half day and rarely more than one day. Summary trial proceedings are confidential and are not reported to the court.
Judicial settlement conferences.
A settlement conference with a district or magistrate judge, other than the one assigned to the case, may be conducted at any stage of the litigation. The conference is usually requested by one or more of the parties or by the judge to whom the action is assigned. The judge assumes a variety of roles at the conference, including meeting with the parties, promoting communications, offering an objective assessment of the case, and suggesting settlement options. In appropriate cases, the judge may order that representatives of the parties with settlement authority be present.
Of note
Obligations of counsel.
The court requires that counsel discuss ADR with opposing counsel and address it in their case management statement. Counsel must also be prepared to discuss the case's ADR suitability with the assigned judge.
Information from court.
The court has published a brochure, Alternative Dispute Resolution Procedures for the District of Massachusetts, that describes the ADR programs available to litigants through the court. The court encourages counsel to read the brochure and discuss ADR options with their clients before appearing in court.
For more information
Helen Costello, Operations Manager, 617-223-9166
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