District of Oregon


IN BRIEF

Process summary

Mediation. Under Local Rule 240-2, the District of Oregon has authorized a mediation procedure for cases involving monetary damages. See below.

Other ADR. In appropriate cases, judges may appoint a special master for settlement purposes. One judge has also used the summary jury trial.

Judicial settlement conferences. Under Local Rule 240-1, a judge may order or a party may request a settlement conference at any time. On request, another judge will host the conference. All pending discovery schedules and trial dates remain in effect during the settlement negotiations, unless altered by court order. In complex cases, settlement conferences may last several days or extend over a period of time.

Of note

Obligations of counsel. Attorneys must address ADR suitability in their case management statement, demonstrate that they have discussed ADR options with opposing counsel and clients, and be prepared to discuss ADR options with the judge.

Plans. In accordance with a recommendation of the CJRA advisory committee and the court's mediation advisory group, the court is considering an early neutral evaluation program.

For more information

Donald M. Cinnamond, Clerk of Court, 503-326-6388; Camile S. Hickman, Portland Division Manager, 503-326-6388; Roger Jacobs, Eugene Division Manager, 503-465-6940


IN DEPTH

Mediation in Oregon

Overview

Description and authorization. Since 1987, the District of Oregon has provided a mediation procedure for specified case types. Under Local Rule 240-2, parties in cases involving money damages may request referral to mediation or may be ordered by the assigned judge into mediation. Mediators are selected by the parties from the court's list of trained mediators; a judge makes the selection if the parties cannot agree. There is no fee for mediation.

Number of cases. No figures are available on the number of cases referred to the mediation program.

Case selection

Eligibility of cases. Local Rule 240-2 does not specify case eligibility, but in practice only cases involving monetary damages are considered eligible for mediation. Cases involving matters of principle are generally excluded from mediation.

Referral method. The assigned judge may order a case to mediation, or a party may request mediation.

Opt-out or removal. The rule does not specify a procedure by which parties can ask to have their case removed from the mediation process.

Scheduling

Referral. Referral to mediation occurs at any time that seems appropriate for the case.

Written submissions. The mediator generally requires each party to submit a short case summary.

Mediation session. The mediator sets the time and place for the session and notifies the parties. By local rule, the mediator is also authorized to recommend and schedule a preliminary conference with the assigned judge. These premediation conferences are held in most cases. Most mediation sessions currently are held in law offices, but mediation rooms are included in plans for the district's new courthouse.

Number and length of sessions. Generally, one one-day mediation session is held per case. Additional sessions are held if needed.

Program features

Discovery and motions. All case activities go forward during mediation, unless stayed by court order.

Party roles and sanctions. Party attendance is required at the premediation conferences with the assigned judge, unless the judge excuses the parties. Sanctions are available for nonattendance. The mediator decides if clients are to be present at subsequent sessions and how they are to participate. Even if clients are not required to attend, they must be available by telephone. Parties represented by an insurer need not be present, but if an insurer representative is present in the district, a representative with full settlement authority must attend the mediation. Willful failure to attend is reported to the court and may result in sanctions.

Outcome. If a settlement is reached, the parties put the agreement in writing. If no settlement is reached, the mediator promptly informs the court. If the mediator believes the intervention of a settlement judge would resolve the matter, he or she informs the court.

Confidentiality. All proceedings, including any statements made by any participant and any memoranda or written submissions, are confidential and are not to be reported, recorded, placed in evidence, made known to the court or jury, or construed for any purpose as an admission. No party will be bound by anything said or done in mediation unless settlement is reached.

Neutrals

Qualifications and training. Mediator candidates must apply to the court for admission to the roster and attend a court-sponsored mediation training seminar. The court's training provides an overview of the mediation process, describes the techniques used for settlement and case evaluation, and discusses development of good communication skills.

Selection for case. Within ten days of notice of referral to mediation, the parties must select a mediator from the court's list of volunteer mediators. If they cannot agree, counsel for plaintiff must promptly notify the court and the assigned judge selects the mediator.

Disqualification. Standards for mediator disqualification are not addressed by the local rule.

Immunity. Local Rule 240-2 states that "[d]uring their service, mediators act as officer of the court and are clothed with judicial immunity."

Fees. There is no fee for mediation.

Program administration

The program is administered on a case-by-case basis by each judge.


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