District of North Dakota
IN BRIEF
Process summary
ADR and settlement generally.
In the District of North Dakota, the CJRA plan, effective December 1, 1993, encourages parties in all civil cases, except foreclosures, Social Security, and prisoner cases, to explore voluntary ADR options early in the pretrial process. The purpose of the court's ADR program is to enhance opportunities for early resolution of the dispute. The court's form scheduling/discovery plan alerts counsel to the following options: court-hosted early settlement conference; early neutral evaluation with a judge other than the trial judge, a neutral technical expert, or a neutral attorney; private mediation, arbitration, or other ADR forms specified by the parties; or no ADR. If the parties select an early ADR procedure at the Rule 16(b) conference, the assigned judge issues an order confirming the ADR time table and explaining the court's requirements for participation. Between January and September 1994, parties in thirty-four cases selected early court-hosted settlement conferences (see below); three chose early neutral evaluation, and seven chose not to participate in ADR. No parties selected referral to private mediation or arbitration.
Magistrate judge settlement conferences.
The dispute resolution approach most frequently selected by parties is a settlement conference with the magistrate judge. If a case will be tried by the magistrate judge, a different judge conducts the settlement conference. If a case has not settled by the close of discovery, the court automatically schedules a mandatory settlement conference with the magistrate judge at the time of the final pretrial conference. Other case activities are not stayed during the settlement process.
Before the settlement conference, each party must file a settlement statement to familiarize the magistrate judge with the case. The statements assess the case's strengths and weaknesses, report settlement efforts made to date, and present settlement offers. These statements are confidential and are not served on other parties. Parties and insurance representatives must attend the settlement conference or, with leave of the court, be available by telephone.
The magistrate judge begins the conference with a joint session, then holds private caucuses with each side. The magistrate judge presents to each side only the information authorized by the other side and discusses with each side the strengths and weaknesses of their case. Settlement conferences are scheduled for a half-day, although some require a full day. At the end of the settlement conference, the magistrate judge reports to the assigned judge only whether the case has settled. Nothing is filed unless the parties want to put a settlement agreement on the record.
Of note
Obligations of counsel.
In preparing a scheduling/discovery plan, counsel are required to discuss ADR among themselves and to explore ADR with their clients.
Plans.
The CJRA advisory group is reviewing the district's experience with voluntary ADR and will continue to monitor the effectiveness of the program.
For more information
Karen K. Klein, U.S. Magistrate Judge, 701-239-5277; Sheila Beauchene, Assistant Supervisor, Clerk's Office, 701-239-5377
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