New Local Rules (LR 16.3, 16.4, 16.5, 16.6 and 16.7) for the Eastern District of Michigan, effective February 1, 2015, demonstrate favor by the court for Alternative Dispute Resolution (ADR) methods before resorting to trial. ADR is a less formal, less adversarial method of resolving a dispute between parties than trial. It is also generally less costly and time-consuming than going to trial.
LR 16.3 sets out the general provisions for ADR proceedings, including the requirements for the parties and facilitators. Under this rule, ADR is authorized for all civil actions in this district under 28 U.S.C. §651(b), and favored for cases in which the judge determines that ADR may help resolve the dispute.
The rest of the new rules describe the kinds of ADR approved in this district. These are facilitative mediation (LR 16.4), case evaluation (LR 16.5), settlement conferences (16.6), and other procedures (16.7). Each of these rules sets out the requirements and processes for the various types of ADR. Other ADR procedures under LR 16.7 include summary jury trials, summary bench trials, and arbitration (with parties’ consent), or any other extrajudicial dispute resolution procedures not specifically set out in these rules.
In addition to the new rules, LR 16.4 (Pretrial Filings and Exchanges) has been renumbered as LR 16.8.
This article provides a brief overview of the new local rules. If you have any questions please contact the attorneys at Demorest Law Firm.
This article was written by Laura Barrera, law clerk.
