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Mediation

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January 23, 2019
Kathi Vidal, Leeron G. Kalay, Peter S. Menell, Matthew D. Powers, Sarita Venkat

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.

May 23, 2018

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. 

December 12, 2017

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. 

November 7, 2017
Elizabeth C. Wiggins

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.

October 23, 2017

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.

April 7, 2016
James D. Garbolino, Marcia S. Krieger, Hiram Puig-Lugo

Streaming Content

November 16, 2011
Donna J. Stienstra

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.

Downloadable file:
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January 1, 2011
Donna J. Stienstra, Jared J. Bataillon, Jason A. Cantone

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.

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January 1, 2006
Robert J. Niemic

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.

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January 1, 1998
Robert J. Niemic

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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