Northern District of Texas


IN BRIEF

Process summary

Mediation. Under its CJRA plan, effective July 1, 1993, the Northern District of Texas authorizes referral of civil cases to private providers of mediation and other ADR services. See below.

Other ADR. In its CJRA plan, the court also authorizes case-by-case referrals to minitrial, summary jury trial, or other ADR methods. Cases may be referred on the motion of any party, by agreement of all parties, or on the judge's motion. Any civil case is eligible for referral. Between July 1, 1993, and June 30, 1994, no cases were referred to these ADR processes.

Judicial settlement conferences. Under the CJRA plan, the court authorizes mandatory settlement conferences in civil cases and strongly favors early settlement discussions. The assigned judge may host the settlement conference. In a nonjury case the judge will not discuss settlement figures unless requested by the parties.

Of note

Obligations of counsel. Attorneys are required to discuss ADR options with their clients.

Information from court. An ADR booklet for counsel and litigants describes the ADR processes offered by the court and answers commonly asked questions.

For more information

Michael Simon, Judicial Support Manager, 214-767-9551


IN DEPTH

Mediation in Texas Northern

Overview

Description and authorization. Under its CJRA plan, effective July 1, 1993, the Northern District of Texas authorizes referral of civil cases to private providers of mediation. A judge may refer a case to mediation on the motion of any party, on agreement of the parties, or on the judge's motion without party consent. Almost all civil case types are eligible for mediation, but referrals have been most common in contract and employment civil rights cases. The mediators are compensated by the parties at market rates.

Number of cases. Between January and September 1994, approximately 580 cases were referred to mediation.

Case selection

Eligibility of cases. Almost all civil cases are eligible for referral to mediation or other forms of ADR. Contract cases and employment civil rights cases constitute the majority of referrals. Prisoner cases and Social Security appeals are generally ineligible for mediation.

Referral method. A judge may refer a case to mediation on the motion of any party, on agreement of the parties, or on the judge's own motion without party consent. A written order of referral is entered.

Opt-out or removal. A party opposing the ADR referral or the appointed mediator may file written objections within ten days of the order of referral.

Scheduling

Referral. A case may be referred to mediation or other forms of ADR at any stage of the litigation.

Written submissions. The mediator or other ADR neutral may require written submissions from the parties.

Mediation session. The order of referral establishes a time frame for commencement and completion of the mediation process. The mediator makes the logistical arrangements for the mediation session, which is held at the mediator's office.

Number and length of sessions. A single mediation session is generally held, which lasts six to eight hours.

Program features

Discovery and motions. The referring judge determines whether other case activities go forward or are suspended during the ADR process.

Party roles and sanctions. In addition to counsel, party representatives with authority to settle must attend, as must all persons necessary to negotiate a settlement, including insurance carriers. Failure to comply with the attendance requirements can result in sanctions.

Outcome. At the conclusion of the ADR proceeding, the mediator must file a form with the court providing a list of attendees and their addresses, the type of case and ADR process used, whether the case settled, and the mediator's fee.

Confidentiality. All communications made during the mediation proceedings are confidential and protected from disclosure. The only contact permitted between the referring judge and the mediator is the submission of a summary form after the mediation is concluded.

Neutrals

Qualifications and training. ADR providers in Texas are regulated by state statute and must satisfy statutory requirements to practice. The Northern District of Texas uses mediators who have met the state's qualification and training requirements set forth in Tex. Civ. Prac. and Rem. Code § 154.052.

Selection for case. The mediator is appointed by the assigned judge and is named in the order of referral. The judge selects the mediator from a list of private providers. If the parties are dissatisfied with the court's appointment, they may agree on a different mediator and must notify the court of their choice within ten days of the order of referral.

Disqualification. No disqualification rules have been established by the court.

Immunity. The court has not addressed this issue.

Fees. The mediator is paid by the parties at the mediator's established professional rate.

Program administration

Mediation referrals are handled by each district judge and magistrate judge. The clerk's office maintains all records and provides an annual statistical analysis.


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