District of Montana
IN BRIEF
Process summary
Magistrate judge settlement conferences.
Local Rule 235-5 provides that the district judge presiding in a case may, if a party requests in writing or on the judge's own initiative, order the parties to participate in a settlement conference convened by the court. This is the court's only formal settlement procedure.
The assigned judge has discretion to order a settlement conference, but the judge usually makes this determination in consultation with the parties. All civil cases, except Social Security cases, pro se prisoner petitions, and bankruptcy appeals, are eligible to participate. Settlement conferences are routinely scheduled in the case management plan authorized by the court's CJRA plan, effective April 1, 1992, and generally are held after discovery has been completed but far enough before trial to avoid the costs of trial preparation. A settlement conference may be held, however, at any time if the presiding judge, in consultation with counsel, determines that settlement is a realistic possibility.
The settlement conference is convened by a magistrate judge on direction of the district judge. The procedures used for the specific case are determined by the assigned magistrate judge. In general, the magistrate judge requires each party to submit a written overview of the case before the conference so the magistrate judge may become familiar with the case and the parties' settlement positions. These submissions, as well as any oral communications, are held in confidence by the magistrate judge. Every party or a representative with full settlement authority must attend the settlement conference.
Of note
Obligations of counsel.
Parties or their counsel, or both, are required to discuss settlement with the magistrate or district judge who presides at the initial scheduling conference.
Plans.
The CJRA advisory group recommended against a court-wide ADR program, noting the efficiency of the magistrate judge settlement conferences and its support by the bench, bar, and litigants. The court will continue to assess the need for a court-wide ADR program.
For more information
Robert M. Holter, U.S. Magistrate Judge, 406-727-0028; Richard W. Anderson, U.S. Magistrate Judge, 406-657-6804; Leif B. Erickson, U.S. Magistrate Judge, 406-329-3386
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