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Message: Mediation by wolfpackvolt(reposted)
Information on Mediation in Eastern District of Texas...Quick Info.
Posted by ease2002 on January 31, 2007 at 7:23PM Agora
Obligations of counsel. Attorneys must be prepared to discuss ADR with the judge at the case management conference.
Information from court. The court makes a mediation booklet available to counsel and litigants.
For more information
David Maland, Clerk of Court, 903-592-8195
IN DEPTH
Mediation in Texas Eastern
Overview
Description and authorization. Under its CJRA plan, adopted on December 31, 1991, the Eastern District of Texas established a mediation program, which was implemented in August 1992. Except for a few case types, all civil cases are eligible for referral by the assigned judge or may be referred at the request of all parties. The mediation session is conducted by a certified neutral mediator selected from the court's roster by the parties or the court. The purpose of mediation is to promote conciliation and settlement of the case. The mediator may conduct both joint and private sessions with the parties and is compensated by the parties at a rate set by the court.
Number of cases. Between January and September 1994, forty-seven cases were referred to mediation.
Case selection
Eligibility of cases. Almost all civil cases are eligible for mediation. The most commonly referred cases are personal injury, products liability, routine diversity, and civil rights cases, as well as cases in which the parties have a long-term relationship.
Ineligible for mediation are administrative appeals, habeas corpus cases, extraordinary writs, and bankruptcy appeals. Also considered unsuited to mediation are cases with multiple parties or unusual legal issues.
Referral method. Any eligible civil case may be referred to mediation by the assigned judge without party consent. Cases may also be referred by stipulation of all parties. An order of referral is entered by the assigned judge.
Opt-out or removal. A case may be withdrawn from mediation by the assigned judge at any time if the case is determined not suitable for mediation.
Scheduling
Referral. Referral to mediation can occur at any time. An order of referral is entered by the assigned judge, designating the mediator, setting time frames for the mediation, and designating a lead counsel who will be responsible for coordinating two alternative mediation dates.
Written submissions. At least ten days before the mediation conference, each party must submit to the mediator and opposing counsel a brief summary of the facts and issues in the case and a list of who will attend the mediation session. The submission is confidential and is not placed in the public record of the case.
Mediation session. The assigned judge sets the desired time frame for the mediation in his or her referral order. Generally, mediations are held about a month before trial. Specific dates for the session are proposed by counsel, which the assigned judge uses to schedule the session. Mediation sessions are usually held at the courthouse.
Number and length of sessions. This information is not available.
Program features
Discovery and motions. Other case activities go forward during the mediation.
Party roles and sanctions. Unless excused by the assigned judge in writing, all parties, corporate representatives, and any other required claims professionals with full authority to negotiate a settlement must attend the mediation session. Failure to comply with the attendance or settlement authority requirements may result in sanctions.
Outcome. Within five days of the mediation conference, the mediator must file a report indicating whether all required parties were present and whether the case settled, was continued with the consent of the parties, or was declared at an impasse by the mediator. If the parties reach settlement, lead counsel must notify the court by filing a settlement agreement signed by the parties and the mediator within ten days of the mediation conference.
Confidentiality. All mediation proceedings, including statements by any party, attorney, or other participant, are confidential. The proceedings may not be recorded, reported, placed in evidence, or made known to the judge or jury. A party is not bound by anything said or done at the mediation conference unless a settlement is reached.
Neutrals
Qualifications and training. An individual may be certified for the court's roster if he or she is (1) a former state court judge who presided in a court of general jurisdiction and was also a member of the bar in a state in which he or she presided; (2) a retired federal judge; or (3) a licensed attorney who has been a member of a state bar for at least ten years and is currently admitted to the bar of this court. The applicant must also complete forty hours of mediation training required by the court and must be deemed competent to serve as a mediator by the chief judge.
Selection for case. The court or the parties select the mediator from the court's roster. A judge may permit the parties to select a mediator from outside the roster.
Disqualification. Any person selected as a mediator may be disqualified for bias or prejudice as provided by 28 U.S.C § 144 and must be disqualified in any case in which such action would be required by a justice, judge, or magistrate judge governed by 28 U.S.C. § 455.
Immunity. The court has not addressed this issue.
Fees. The parties equally share the mediator's fee, which is set by the court in a standing order and is revised from time to time. The current fee ranges from $125 to $250 per hour.
Program administration
Mediation referrals are individually administered by each district judge. The clerk's office provides some logistical support, such as accepting attorney-mediator applications and maintaining and distributing the list of certified mediators.
http://www.fjc.gov/public/home.nsf/autoframe?openform&url_l=/public/home.nsf/inavgeneral?openpag...
Posted by ease2002 on January 31, 2007 at 7:23PM Agora
Obligations of counsel. Attorneys must be prepared to discuss ADR with the judge at the case management conference.
Information from court. The court makes a mediation booklet available to counsel and litigants.
For more information
David Maland, Clerk of Court, 903-592-8195
IN DEPTH
Mediation in Texas Eastern
Overview
Description and authorization. Under its CJRA plan, adopted on December 31, 1991, the Eastern District of Texas established a mediation program, which was implemented in August 1992. Except for a few case types, all civil cases are eligible for referral by the assigned judge or may be referred at the request of all parties. The mediation session is conducted by a certified neutral mediator selected from the court's roster by the parties or the court. The purpose of mediation is to promote conciliation and settlement of the case. The mediator may conduct both joint and private sessions with the parties and is compensated by the parties at a rate set by the court.
Number of cases. Between January and September 1994, forty-seven cases were referred to mediation.
Case selection
Eligibility of cases. Almost all civil cases are eligible for mediation. The most commonly referred cases are personal injury, products liability, routine diversity, and civil rights cases, as well as cases in which the parties have a long-term relationship.
Ineligible for mediation are administrative appeals, habeas corpus cases, extraordinary writs, and bankruptcy appeals. Also considered unsuited to mediation are cases with multiple parties or unusual legal issues.
Referral method. Any eligible civil case may be referred to mediation by the assigned judge without party consent. Cases may also be referred by stipulation of all parties. An order of referral is entered by the assigned judge.
Opt-out or removal. A case may be withdrawn from mediation by the assigned judge at any time if the case is determined not suitable for mediation.
Scheduling
Referral. Referral to mediation can occur at any time. An order of referral is entered by the assigned judge, designating the mediator, setting time frames for the mediation, and designating a lead counsel who will be responsible for coordinating two alternative mediation dates.
Written submissions. At least ten days before the mediation conference, each party must submit to the mediator and opposing counsel a brief summary of the facts and issues in the case and a list of who will attend the mediation session. The submission is confidential and is not placed in the public record of the case.
Mediation session. The assigned judge sets the desired time frame for the mediation in his or her referral order. Generally, mediations are held about a month before trial. Specific dates for the session are proposed by counsel, which the assigned judge uses to schedule the session. Mediation sessions are usually held at the courthouse.
Number and length of sessions. This information is not available.
Program features
Discovery and motions. Other case activities go forward during the mediation.
Party roles and sanctions. Unless excused by the assigned judge in writing, all parties, corporate representatives, and any other required claims professionals with full authority to negotiate a settlement must attend the mediation session. Failure to comply with the attendance or settlement authority requirements may result in sanctions.
Outcome. Within five days of the mediation conference, the mediator must file a report indicating whether all required parties were present and whether the case settled, was continued with the consent of the parties, or was declared at an impasse by the mediator. If the parties reach settlement, lead counsel must notify the court by filing a settlement agreement signed by the parties and the mediator within ten days of the mediation conference.
Confidentiality. All mediation proceedings, including statements by any party, attorney, or other participant, are confidential. The proceedings may not be recorded, reported, placed in evidence, or made known to the judge or jury. A party is not bound by anything said or done at the mediation conference unless a settlement is reached.
Neutrals
Qualifications and training. An individual may be certified for the court's roster if he or she is (1) a former state court judge who presided in a court of general jurisdiction and was also a member of the bar in a state in which he or she presided; (2) a retired federal judge; or (3) a licensed attorney who has been a member of a state bar for at least ten years and is currently admitted to the bar of this court. The applicant must also complete forty hours of mediation training required by the court and must be deemed competent to serve as a mediator by the chief judge.
Selection for case. The court or the parties select the mediator from the court's roster. A judge may permit the parties to select a mediator from outside the roster.
Disqualification. Any person selected as a mediator may be disqualified for bias or prejudice as provided by 28 U.S.C § 144 and must be disqualified in any case in which such action would be required by a justice, judge, or magistrate judge governed by 28 U.S.C. § 455.
Immunity. The court has not addressed this issue.
Fees. The parties equally share the mediator's fee, which is set by the court in a standing order and is revised from time to time. The current fee ranges from $125 to $250 per hour.
Program administration
Mediation referrals are individually administered by each district judge. The clerk's office provides some logistical support, such as accepting attorney-mediator applications and maintaining and distributing the list of certified mediators.
http://www.fjc.gov/public/home.nsf/autoframe?openform&url_l=/public/home.nsf/inavgeneral?openpag...
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