W.D. Mich. LCivR 16.2

(a) ADR favored - The judges of this district favor alternative dispute resolution (ADR)

methods in those cases where the parties and the court agree that ADR may help

resolve the case. The ADR methods approved by these rules include Voluntary

Facilitative Mediation (LCivR 16.3); Early Neutral Evaluation (LCivR 16.4); Case

Evaluation (LCivR 16.5); and Settlement Conferences (LCivR 16.6). In addition,

the court will consider other ADR methods proposed by the parties (e.g., Summary

Trials).

(b) Court administration of the ADR program - Each ADR program is governed by

these rules and the provisions of a program description, which is incorporated into

these rules by reference. The program description for each ADR method is available

on the court’s website and is published in a form suitable for reference by attorneys

and their clients. The ADR program is administered by the clerk’s office. Problems

are initially handled by the ADR Administrator.

(c) Consideration of ADR in appropriate cases - In connection with the conference held

pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, all litigants and

counsel must consider and discuss the use of an appropriate ADR process at a

suitable stage of the litigation.

(d) Confidentiality - All ADR proceedings are considered to be compromise

negotiations within the meaning of Federal Rules of Evidence 408.

(e) Status of discovery, motions and trial during the ADR process - Any case referred

to ADR continues to be subject to management by the judge to whom it is assigned.

Parties may file motions and engage in discovery. Selection of a case for ADR has

no effect on the normal progress of the case toward trial. Referral of a case to ADR

is not grounds to avoid or postpone any deadline or obligation imposed by the case

management order unless so ordered by the court.

(f) Qualifications for neutrals - To be qualified to act as a neutral (i.e., facilitative

mediator, early neutral evaluator, case evaluator, or arbitrator), an attorney must

satisfy all special requirements applicable to a particular ADR program as identified

in the program description available on the court’s website.

(g) Attorneys’ responsibility for payment of fees - The attorney or law firm

representing a party participating in ADR is directly responsible for fees payable to

the court or to neutrals. Pro se parties are personally responsible for fees. To the

extent consistent with ethical rules, the attorney or firm may seek reimbursement

from the client. If any attorney or pro se party is delinquent in paying any fee

required to be paid to a neutral under these rules, the neutral may petition the court

for an order directing payment, and any judge assigned to the case may order

payment, upon pain of contempt.

(h) Pro bono service - In cases in which one or more parties cannot afford the fees of a

neutral, the court may request that the neutral serve pro bono, by waiving or

reducing the fee for all participating parties equally.