District of Puerto Rico
IN BRIEF
Process summary
Magistrate judge settlement program (mediation).
Under the district's CJRA plan, as amended April 1995, the District of Puerto Rico has established an evaluative mediation program using magistrate judges as mediators. Under the program, any civil case on the court's standard or complex tracks may be referred to mediation by the assigned judge without party consent at any stage in the litigation. The assigned judge selects the judicial mediator, who may be a district, senior, or magistrate judge; a visiting judge; or a bankruptcy judge. The court expects that most mediation assignments will be handled by magistrate judges. Participating judges are trained in mediation. The program went into effect in the summer of 1995.
The initial mediation session must be held within ninety days of the referral. Shortly before the session, counsel are asked to submit to the judicial mediator short written statements about the case and key documents. At the initial session, the mediator explains the process, hears short presentations from each party, and asks open-ended questions to clarify positions and interests. The goal of the process is to develop a mutually acceptable resolution to the dispute. If complete agreement is not possible, the judicial mediator seeks partial agreements. The entire process is confidential; written materials are not filed with the court and are returned to the parties at the close of the mediation process. All other case activities, including motions and discovery, go forward during the mediation process.
Judicial settlement conferences.
Settlement conferences are held by the assigned judges in most cases shortly before trial. As appropriate, the court may ask the parties to attend the conference in person or by telephone.
For more information
Francis Ríos de Morán, Clerk of Court, 809-766-6047; Lizabel Negrón, CJRA Staff Attorney, 809-766-5695
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