Local Rule LR3-601. Settlement facilitation program.

A. Mandatory settlement facilitation. The court shall require the parties and their representatives to attend settlement conferences conducted by a court-appointed settlement facilitator or a facilitator stipulated to by the parties. If a party refuses to attend a settlement conference conducted by a court-appointed settlement facilitator, the court may impose reasonable sanctions against the party or the party’s attorney. (1) Parties’ responsibilities. The parties are responsible for scheduling and holding a settlement conference no less than thirty (30) calendar days prior to the pretrial conference and are required to do so as soon as the parties have sufficient information to evaluate their claims or defenses. The court may modify this time limit by order for good cause shown. (2) Attendance. All parties will be required to attend settlement conferences with their representatives and insurer unless good cause is shown. Parties or insurers who attend shall have plenary settlement authority. Parties who do not attend are subject to sanctions. (3) Settlement. If the case settles during the settlement facilitation, then the party designated by the settlement facilitator or by mutual agreement of the parties shall prepare the appropriate pleadings for submission to the court within ten (10) business days so the appropriate order or judgment may be entered. B. Settlement facilitator. (1) Selection of facilitator. A settlement facilitator will be chosen by mutual agreement of the parties, and a notice of facilitator selection will be filed in the form as the court may require at the time. A copy of the notice of facilitator selection shall be sent to the Alternative Dispute Resolution (ADR) office. In the event the parties do not choose a mutually agreeable facilitator within the deadline set in the scheduling order, one will be appointed by the court. If the parties agree to a different facilitator after one has been appointed by the court, the parties shall be obligated to pay the court-selected facilitator for any time and expense the facilitator may have incurred under the court’s appointment. (2) Payment to facilitator. If the parties agree to a facilitator, they are presumed to agree to pay that facilitator’s fees. In the event that the facilitator is appointed by the court, the parties are expected to inquire about what that facilitator charges. If the facilitator’s fees are deemed unreasonable, either party may motion the court for a determination of an appropriate fee or for another facilitator assignment. Each party shall pay directly to the settlement facilitator the fee due from the party within thirty (30) calendar days from the date of the settlement conference. (3) Good faith participation. Parties shall participate in good faith in settlement conferences. The parties must communicate with the facilitator on scheduling a settlement conference. Good faith participation includes, but is not limited to, providing appropriate documentary evidence of liability and damages or lack thereof to opposing parties and the facilitator during the conference. Upon motion of any party, or upon the court’s own motion, the court may award sanctions for failure to participate in good faith. (4) Settlement conference information sheet. Prior to the settlement conference, each party to the settlement conference shall complete a settlement conference information sheet in substantially the format requested by the facilitator. The completed form shall set forth all of the information necessary for an informed evaluation of the case. Unless otherwise directed by the settlement facilitator, the settlement conference information sheet shall be provided to the settlement facilitator at least seven (7) business days before the settlement conference. The settlement conference information sheet may be sent to the facilitator without providing a copy to the opposing party. It shall not be filed with the court nor in any way be made a part of the court record. (5) Facilitator’s outcome report and certification of facilitation compliance. Within five (5) business days after completion of the settlement conference, the settlement facilitator shall file with the clerk of the court a certificate of facilitation compliance. The settlement facilitator shall also complete and return to the ADR coordinator for the Third Judicial District Court a facilitator’s outcome report using the form as the court may require at the time. (6) Motion to be excused from settlement facilitation. The court may excuse any party from participation in settlement facilitation upon motion and good cause shown.