PURPOSE AND SCOPE OF RULES

1-1. Title

These are the Local Rules for Alternative Dispute Resolution in the United States District Court for the Northern District of California. They should be referred to as “ADR L.R. ___.”

1-2. Purpose and Scope

1. (a) Purpose. The Court recognizes that full, formal litigation of claims can impose large economic burdens on parties and can delay resolution of disputes for considerable periods. The Court also recognizes that sometimes an alternative dispute resolution procedure can improve the quality of justice by improving the parties' clarity of understanding of their case, their access to evidence, and their satisfaction with the process and result. The Court adopts these ADR Local Rules to make available to litigants a broad range of court-sponsored ADR processes to provide quicker, less expensive and potentially more satisfying alternatives to continuing litigation without impairing the quality of justice or the right to trial. The Court offers diverse ADR services to enable parties to use the ADR process that promises to deliver the greatest benefits to their particular case. In administering these Local Rules and the ADR program, the Court will take appropriate steps to assure that no referral to ADR results in imposing on any party an unfair or unreasonable economic burden.

Commentary

The Alternative Dispute Resolution Act of 1998, 28 U.S.C. §§ 651-58, requires each federal district court to authorize by local rule the use of at least one ADR process in all civil actions. In accordance with § 651(c), the Court has examined the effectiveness of its ADR programs and has adopted improvements consistent with the Act.

1. (b) Scope. These ADR Local Rules are effective September 15, 2015, and shall govern actions pending or commenced on or after that date. These rules supplement the Civil Local Rules of the Court and, except as otherwise indicated, apply to all civil actions filed in this Court. Cases subject to these ADR Local rules also remain subject to the other local rules of the Court.
2. (c) Magistrate Judges Consent Cases. In cases initially assigned to a Magistrate Judge, even prior to the filing of consents by all parties to jurisdiction by a Magistrate Judge under 28 U.S.C. § 636(c), the Magistrate Judge shall have the authority to refer cases to ADR programs and to grant relief from the requirements of these ADR local rules. Consents or declinations shall be filed in advance of any Mediation, ENE, or settlement conference proceeding under these rules.

3. ADR Options

   1. (a) Court-Sponsored ADR Processes. The Court-sponsored ADR options for cases assigned to the ADR Multi-Option Program include:
      1. (1) Early Neutral Evaluation (ENE);
      2. (2) Mediation;
      3. (3) Settlement Conference with a Magistrate Judge.
   2. A case may be referred to ENE, Mediation or a Settlement Conference only by order of the assigned Judge.
      
   3. (b) Private ADR. A private ADR procedure may be substituted for a Court program if the parties so stipulate and the assigned Judge approves. Private ADR proceedings, however, are not subject to the enforcement, immunity or other provisions of the ADR Local Rules.
   4. (c) Early Settlement Conference with a Magistrate Judge. A case may be referred to a settlement conference only by order of the assigned Judge.