U.S. District Court Seminar

Federal ADR Fundamentals for Neutrals: Improving on a Decade of Success
Friday, December 2, 2005
Moderator: Judge Charles A. Shaw

Session I - Court’s Expectations of Neutrals Serving The ADR Program

a. The Neutral as an Adjunct of the Court
b. Participants’ Expectations for Procedural Due Process
c. Participant perceptions of the mediation process (Court ReferredMediation Survey)
d. Model Standards of Conduct for Mediators

Session I Questions & Answers - View video in Real Player

Session II - Ethical Considerations
James W. Reeves (moderator), Judge Thomas C. Mummert, Judge Stanley A. Grimm, and Eugene K. Buckley

Session II - Questions & Answers - View video in Real Player

a. Review of ethical considerations that affect neutrals
b. Ex parte communications between neutrals and lawyers (Amended Rule6.04(B))
c. Neutral participation in elements of settlement agreement
d. Neutrality and conflicts of interest (situational examples)
e. Maintaining confidentiality; Neutrals’ reporting requirement (good faith)
f. Avoiding disciplinary traps;

1. The oppressed party and negotiating imbalances
2. The statute of limitations
3. Counsel with conflicts

g. Mediating cases with Pro Se parties
h. Model Standards of Conduct for Mediators

Session III - Effective Service and Practical Considerations

a. Pre-mediation communications
b. The Pro Se party
c. Payment of neutrals and pro bono obligations
d. Multi-party issues
e. Differences between state and federal ADR
f. Local Rule compliance
g. Settlement agreements and the role of neutrals

Session IV - Judges Round Table Discussion -  View video in Real Player
 (all district judges, all magistrate judges, and all attorney presenters)