Alternative Dispute Resolution ("ADR") can assist parties in their efforts to settle their claims without resorting to a trial.  The District of Oregon has a variety of programs available for litigants, as well as specific ADR requirements for cases filed in this District.

Procedural Considerations

Local Rule 16.4 sets forth the Court's ADR procedures. LR 16.4(c) and (d) require counsel for the parties to:

• confer regarding the potential benefits of any private or court-sponsored ADR option within 120 days from the initiation of the suit (LR 16.4(c)); and
• file a Joint Alternative Dispute Resolution Report within 150 days of the initiation of the suit (LR 16.4(d)).

Unless otherwise ordered by the Court, there is no stay of action pending ADR processes. (LR16.4(i))

Some cases are exempt from ADR requirements (LR 16.4(b)). This does not mean that such cases are inappropriate for ADR, only that the Court does not require litigants to follow the ADR procedures outlined above. Litigants may still opt to employ any of the ADR mechanisms described here. Upon the request of parties in any civil case, notwithstanding the exemptions in LR 16.4(b), the following ADR programs are available from the Court:

Mediation

Mediation is the most common form of ADR. Parties have several mediation options:

• They may seek the services of a private mediator or mediation service;
• They may request the services of a mediator on the court-approved list of volunteer mediators (see LR 16.4(f)(1)(A)); or
• They may request, at no cost to the parties, the services of a staff mediator of the Court.

On its own motion, or at the request of a party, the Court may also refer a civil case to mediation. Generally, the Court will refer parties with financial resources to private mediation and parties with limited financial resources, or indigent parties, to the court's panel of volunteer mediators.

• Private Mediation
The Court has a very small role if the parties elect to engage a private mediator. The Court performs its usual case management and scheduling functions in this case, and relies upon the parties to manage the settlement.


• Court-Sponsored Volunteer Mediation Panel
Pursuant to LR 16.4(f)(1)(B), the Court maintains a volunteer mediator panel.  Volunteer mediators are required to use the Court's standard-form agreement to mediate. Click here for information regarding the submission of an application to serve as a volunteer mediator.


• Staff Mediators
Court staff mediators are available to mediate at the request of the parties or by motion of the Court.  Staff mediators are required to use the Court's standard-form Agreement to Mediate. Click here for court staff biographical information.

Other ADR Options

Parties have a variety of other ADR options under LR 16.5:

• They may request a settlement conference or summary trial;
• They may submit the case to arbitration; or
• They may initiate any other form of ADR that appears likely to achieve resolution of the dispute.

ADR Resources

• Volunteer Panel List
• Application to Join Volunteer Panel
• Court Staff Mediators
• Agreement to Mediate
• Volunteer Mediator Report