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Mediation

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This stage-by-stage, issue-by-issue guide to the mediation of patent disputes supplements the Patent Case Management Judicial Guide (PCMJG), a comprehensive treatise developed for the federal judiciary. The PCMJG addresses the mechanics, timing, and considerations for effective mediation when judges are managing patent cases. This supplement provides analogous guidance to patent mediators (magistrate judges and private mediators), in-house counsel, and litigation counsel. The authors have worked extensively with experienced federal judges, mediators, counsel, and parties to identify ways to promote cost-effective, time-effective, and constructive dispute resolution.

© 2019 Kathi Vidal, Leeron G. Kalay, Peter S. Menell, Matthew Powers, Sarita Venkat

The PDF is also available for download through the SSRN https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3320111.

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This dramatic reenactment provides an example and insights of how mediation between a prison inmate and relevant state officials unfolds.  Guided by an experienced mediator, both sides present and discuss their cases, with the goal to achieve a mutually agreed upon resolution. 

Rule 1 of the Federal Rules of Civil Procedure calls for “the just, speedy, and inexpensive determination of every action and proceeding.” Section 1983 inmate civil rights cases can thwart that expectation, and such cases represent about 11% of civil cases filed nationwide. In an effort to reduce the amount of time these cases consume and their costs, the District of Nevada developed an inmate early mediation program that has enjoyed marked success. Court to Court visited the district court in Reno to learn why the program has been so successful. 

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This repository of materials was developed as a companion to the manual, Navigating Chapter 9 of the Bankruptcy Code, to provide courts with examples of case documents and other resource materials related to issues likely to arise in Chapter 9 cases. Documents are included from cases filed by variety of debtors: cities, townships, and counties; medical-related entities, such as county hospitals and authorities; and political subdivisions, such as sanitary and improvement districts, water districts, and off-track betting authorities.

The materials have been placed into the following categories. Some documents relating to multiple categories have been placed in the most relevant categories and cross-references are made between the categories. Some significant documents have been put into more than one category.

We welcome suggestions about other materials that may be helpful to courts for inclusion in the Chapter 9 repository. Please send your ideas and materials to Beth Wiggins at ch9bankr_repository@fjc.gov.

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Some judges have used mediation in Chapter 9 cases to help the parties reach a consensus, or at least narrow the issues, regarding the plan of adjustment. This page includes the mediation orders from several cases, as well as documents from a case in which a motion for the appointment of a mediator was denied. It also includes documents pertaining to the authority of judges, including those from outside the district, to serves as mediators.

Mediation is one of several Chapter 9 Online Repository categories.

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Judge James Garbolino, Judge Marcia Krieger (D. Colo.), and Judge Hiram Puig-Lugo (D.C. Super. Ct.) cover some of the unique challenges of Hague Convention litigation and case-management strategies, including mediation, that can be helpful in handling such a case. Effective case management of Hague Convention cases can significantly facilitate the adjudication of these time-sensitive matters. 

This is one of several 1980 Hague Convention on International Child Abduction video tutorials.

This video is part of The 1980 Hague Convention on International Child Abduction: A Resource for Judges, a Special Topic Webpage.​

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This report provides a brief history of alternative dispute resolution, or ADR, in the federal district courts, touching on the statutes that have prompted ADR developments and noting policy guidance and support to assist courts in establishing ADR programs. The report then provides a summary of ADR procedures authorized in the district courts as of late 2011.

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This report is based on a study conducted by the Federal Judicial Center for the Judicial Conference Committee on Court Administration and Case Management. The study sought information from district court clerks of court about programs, services, and materials their courts have developed to assist pro se litigants and to assist staff in handling pro se cases. The study also sought information from district court chief judges about the impact of pro se litigants on judges and chambers staff and what measures the judges have taken to meet the demands of these cases. This report presents the results of the study. Among the many findings reported are, for example, the number and identity of districts that have established pro bono, mediation, and e-filing programs, the measures clerks and chief judges have found most effective for handing prisoner and non-prisoner pro se cases, and the top issues these cases present for clerks' offices and judges.

In Print: Available for Distribution

This sourcebook is a reference guide on mediation and settlement conference programs in the thirteen federal courts of appeals. The Federal Judicial Center published the first edition of this sourcebook in 1997. The changing structure of these programs, and expressed interest from the courts of appeals, made this update necessary.

Each of the programs encourages or requires counsel for the parties to discuss settlement, including settlement discussions in the form of mediation. The circuit-by-circuit descriptions in the second edition indicate the case types eligible for the program and the procedures followed to schedule and conduct mediation sessions in each of the thirteen courts.

In Print: Available for Distribution

At its March 1997 meeting, the Advisory Committee on Bankruptcy Rules asked the Federal Judicial Center to undertake this survey to inform the committee's preliminary look at whether there is a need for national bankruptcy rules to govern mediation. The purpose of the survey is to determine the extent and severity of problems that the committee, lawyers, and mediators believe may affect mediation conducted after judicial referral.

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