1. SCOPE AND PURPOSE OF RULE
1.1 Scope. This General Order (“Order”) governs the elective
referral of certain prisoner civil rights and Bivens cases by a district or magistrate judge to a neutral member of a mediation panel appointed by the Court for prisoner mediation proceedings.
1.2 Purpose. The Court finds that in this district, the substantial
increase in the filings of civil rights cases by prisoners and the shortage of district and magistrate judges have placed significant pressures on litigants, counsel, and the Court. The purpose of the Pilot Prisoner Mediation Program is to alleviate some of those pressures and to encourage the fair, speedy, and economical resolution of these matters.
2. ADMINISTRATION
2.1 Appointment of the Coordinator. The Pilot Prisoner Mediation Panel shall be coordinated by a Panel Coordinator (the “Coordinator”) at the direction of the Clerk of Court.
2.2 Duties of the Coordinator. The duties of the Coordinator shall be established by the Court, and shall include the following:
(a) Maintenance of the current list of panelists available to act as mediators, and regular circulation of said list to the district and magistrate judges of the Court.
(b) Periodic reporting to the Court on the status and effectiveness of the Pilot Prisoner Mediation Panel, and maintenance of records including disposition and success rates for this purpose.
(c) Performance of any additional duties as the Court may direct which are necessary for the efficient administration of the Pilot Prisoner Mediation Program.
3. ATTORNEY SETTLEMENT OFFICER QUALIFICATIONS AND SELECTION
3.1 Appointment of Mediators. Attorneys who meet the qualifications and complete the application process as outlined in General Order 01-04 may be appointed by the Court to the Pilot Prisoner Mediation Panel. The Court may, in its sole discretion, remove any person from the Panel who is unable to commit sufficient time to or otherwise meet the requirements of the Pilot Prisoner Mediation Program.
3.2 Compensation. Acceptance of a mediator position is voluntary, and no compensation will be paid to attorneys acting as mediators. Telephone and copying costs and related expenses up to $75.00 per case will be reimbursed by the Court upon submission of an expense report and supporting documentation forwarded and approved by the Coordinator.
4. REFERRAL OF CASES TO THE PILOT PRISONER MEDIATION PROGRAM
4.1 Referral to the Pilot Prisoner Mediation Program. After the first appearance by the defendant, all parties will be mailed a “Request for Referral to the Pilot Prisoner Mediation Panel” in the form attached hereto as Exhibit “A”. If the plaintiff or defendant returns a request to the Court for consideration, the request will be reviewed by the district or magistrate judge assigned to the case and the judge may or may not refer the case to the Pilot Prisoner Mediation Panel. This request will be reviewed only by the district of magistrate judge assigned to the case for the purpose of determining whether this matter is suitable for the Pilot Prisoner Mediation Panel. All requests will remain confidential. A case may also be referred to the Pilot Prisoner Mediation Panel on the Court’s own motion.
4.2 Selection of Mediator.If the judge determines to refer the case to the Pilot Prisoner Mediation Panel, the judge will issue a minute order to that effect and send a copy of the minute order to the Coordinator for selection of a mediator. The Coordinator shall randomly assign a mediator. The Coordinator will contact the mediator to determine his or her availability. If unavailable, the Coordinator will randomly assign another mediator until an available mediator is identified.
4.3 Effect of Referral. Unless otherwise ordered, a referral to the Pilot Prisoner Mediation Program shall not interfere with any party’s right to discovery, alter scheduled pre-trial or trial dates, or otherwise affect the operation of the Federal Rules of Civil Procedure or any other rule of this Court.
4.4 Immunity. Attorney Settlement Officers are performing quasi-judicial functions and are entitled to the immunities and protections that the law accords to persons serving in such capacity.
5. ASSIGNMENT OF CASE TO MEDIATOR
Upon obtaining the consent of a panel member to mediate the case, the Coordinator will complete a “Notice of Assignment of Attorney for Prisoner Mediation Proceeding” in the form attached hereto as Exhibit “B”. The Coordinator shall file the Notice of Assignment with the Court and shall forward a copy to the district or magistrate judge and all interested parties.
6. SCHEDULING OF MEDIATION PROCEEDING
Upon receiving the Notice of Assignment, the mediator shall coordinate a time and date for a telephonic mediation proceeding with all interested parties and/or their representatives. The telephonic mediation proceeding shall occur within 45 days of the date of the Notice. The mediator shall notify the Coordinator of the time and date of the telephonic proceeding as well as the date and time of any additional telephonic conferences.
7. CONFIDENTIALITY OF MEDIATION PROCEEDINGS
All telephonic mediation proceedings shall be confidential and no statement made therein shall be admissible in any proceeding in the case, unless the parties otherwise agree. No part of the mediation proceeding shall be reported, or otherwise recorded, without the consent of the parties, except for any memorialization of a settlement.
8. CONDUCT OF MEDIATION PROCEEDINGS
Within five days after the conclusion of the telephonic mediation proceeding, the Mediator shall file with the Court a “Report for Prisoner Mediation Proceeding” in the form attached hereto as Exhibit “C”, and also mail copies to the district or magistrate judge, all interested parties, and the Coordinator. |