S.D. Miss. L.U. Civ. R. 83.7

(a) Introduction and Purpose. The United States District Courts for the Northern and

Southern Districts of Mississippi developed this alternative dispute resolution

(“ADR”) Local Rule to implement the Alternative Dispute Resolution Plan (the

“Plan”) mandated by the Alternative Dispute Resolution Act of 1998, 28 U.S.C.

§ 651, et seq. The Plan is designed to provide access to effective ADR techniques

and to encourage mutually satisfactory resolutions of disputes in all stages of civil

litigation.

(b) Administration of ADR Plan. The chief judge of each district will designate a

judicial officer, knowledgeable in ADR practices, to implement, administer,

oversee, and evaluate the ADR Plan. In addition, the court may from time to time

solicit recommendations from state and federal bar associations, committees and

organizations interested in ADR regarding ADR programs and efficient methods

of coordinating ADR resources in the state and federal courts.

(c) Voluntary Use of Other Methods. Nothing in this Local Rule prohibits parties

from voluntarily engaging in any form of ADR, such as arbitration, mediation,

early neutral evaluation, mini-trial, or other appropriate ADR processes at any

time.

(d) Definitions

(1) An “ADR Action” is any activity in which the parties mutually engage by

consent or directive of the court using ADR methods such as mediation or a

settlement conference in an effort to resolve issues short of a trial.

(2) Mediation is a process in which impartial persons assist parties in reaching

settlements. Mediators facilitate communications between the parties and

assist them in their negotiations. When appropriate, mediators may also

offer objective evaluations of cases and may make settlement

recommendations.

(3) A settlement conference is a mediation conducted by the court.

(e) Cases Appropriate for ADR

(1) Discretion of Court. The determination of whether a matter should be

referred for ADR is addressed to the sound discretion of the judicial officer

assigned to the case. One of the ADR methods set forth in this Local Rule

must be used in all cases, unless exempted by this Local Rule or, at the

discretion of the court, waived in a particular case for just cause.

(2) Actions Exempted from Consideration for ADR. The following categories

of proceedings are exempt from consideration for ADR: an action for

review on an administrative record; a petition for habeas corpus or other

proceeding to challenge a criminal conviction or sentence; and an action

brought without counsel by a person in custody of the United States, a

state, or a state subdivision.

(f) Procedures for ADR

(1) Early Conferral Regarding ADR. In the FED. R. CIV. P. 26(f) Conference,

counsel must confer regarding any discovery or other conditions precedent

which they believe are needed for a meaningful and effective mediation or

settlement conference, as well as the time necessary to complete them.

Counsel must inform the magistrate judge in their respective Confidential

Settlement Memoranda of any discovery and other conditions precedent

which they believe are necessary for meaningful ADR, as well as an

estimate of the time necessary to complete them. Any party who believes

there is just cause to forego ADR in a case must detail the basis for that

belief in the Confidential Settlement Memorandum.

(2) Case Management Order Provision Regarding ADR. After considering the

parties’ positions on ADR, the magistrate judge will incorporate an ADR

deadline in the case management order. The ADR deadline will be a date

no later than the close of the discovery period and preferably sooner,

subject to the particularities of the case. The ADR deadline should permit

sufficient time for discovery necessary to enable the parties to have an

effective mediation or settlement conference but be sufficiently in advance

of the discovery deadline to encourage early discovery and the avoidance

of unnecessary expense. No later than the ADR deadline, the parties must

report to the magistrate judge all ADR efforts the parties have undertaken.

(3) Report Regarding ADR Required before Final Pre-Trial Conference.

Before the Final Pre-Trial Conference, the parties must report to the

magistrate judge all efforts the parties have made to comply with this Local

Rule or provide sufficient facts to support a finding of just cause for failure

to comply.

(4) Pre-ADR Procedures. If the parties elect to mediate a case, the pre-mediation procedures, including those relating to any position statements,

will be determined by the mediator selected by the parties. Alternatively,

should the parties utilize a settlement conference, the judicial officer

conducting the conference will direct the pre-settlement conference

procedures at the time the settlement conference is scheduled. At a

minimum, the parties must submit new Confidential Settlement

Memoranda by a deadline set by the judicial officer.

(g) Authority to Settle

(1) Disclosure. Fourteen days before any mediation or settlement conference,

the parties will disclose to all other parties and the mediator or the judge

conducting the settlement conference the identities of all entities and

persons required to be present for meaningful mediation to take place,

including those persons or entities having authority to settle the case, as

well as non-party persons or entities whose presence would be required in

order to fully resolve all issues in the case (such as persons or entities who

may hold a subrogated interest in one or more claims).

(2) Appearance at Mediation or Settlement Conference. Counsel, including

lead trial counsel for all parties, must appear at the mediation or settlement

conference unless otherwise ordered by the court. If the case involves

attorneys admitted pro hac vice, local counsel must also attend. If there is

the potential for insurance coverage for one or more claims, and if the

judicial officer has excused their presence, a representative of each

insurance company involved, with full authority to settle the case,

nevertheless, must be on standby and available by phone for the duration of

the entire mediation or settlement conference.

(3) Attendance of Parties. All parties, including representatives of corporate

parties, organizations, or other entities, as well as individual parties, must

appear in person at the mediation or settlement conference throughout the

entire mediation or settlement conference unless excused in advance by the

court. If a judicial officer permits any party or representative of a party to

participate in the mediation or settlement conference by remote electronic

means, that party or representative must be available throughout the entire

mediation or settlement conference. Office closings and time zone

differences do not excuse a company representative from continued

participation under this Local Rule. Each party representative must have

full authority to settle the case.

(4) Post-Mediation Report to Court. Within seven days of the completion of a

mediation conducted under this Local Rule, counsel must inform the

magistrate judge in writing, using Form No. 7, whether or not the case was

resolved, and, if settled, any remaining conditions precedent to entry of an

agreed order of dismissal.

(h) Sanctions. If a party, party representative, or attorney fails to appear or be

available at a scheduled mediation or settlement conference as required by this

Local Rule, or if a party, party representative, or attorney is substantially

unprepared to participate in the mediation or settlement conference, or if a party,

party representative, or attorney fails to participate in good faith during a

mediation or settlement conference, a judicial officer upon motion or upon the

judicial officer’s own initiative, may impose appropriate sanctions including

reasonable expenses and attorneys’ fees incurred.

(i) Mediators

(1) Court-Appointed Panels. In lieu of a unique federal panel of mediators, the

court refers parties to the persons offering their services as mediators who

meet the qualifications for inclusion on the List of Mediators provided for

in Section X of the Court-Annexed Mediation Rules for Civil Litigation

issued by the Mississippi Supreme Court on October 8, 1998 in In Re:

Authorization of Court-Annexed Mediation in Chancery, Circuit and

County Courts, No. 89-R-99026 S. Ct., and the Order of March 22,1999

establishing minimum qualifications for inclusion on the list.

(2) Use of Non-Panel Mediators. Parties may use any person as a mediator,

whether or not that person is on the List of Mediators referenced in this

Local Rule, unless the mediator is disqualified by this Local Rule, ethical

rules, or by law.

(3) Immunity. Any mediator serving under this Local Rule is performing quasi-judicial functions and is entitled to the immunities and protections that the

law accords to persons serving in such capacity.

(4) Codes of Ethics and Standards of Conduct. Any mediator serving under

this Local Rule is subject to all ethical rules and standards of conduct set by

statute, by the Judicial Conference of the United States, and by other

professional organizations to which the mediator may belong or that may

be approved or adopted by the court. If a mediator discovers a circumstance

requiring disqualification, then the mediator must promptly inform the

parties and the court of those circumstances in writing.

(5) Disqualification. No person may serve as a mediator:

(A) in violation of the standards set forth in 28 U.S.C. § 455;

(B) in violation of any applicable standard of professional responsibility

or rule of professional conduct;

(C) in violation of any additional standards adopted by the court; or

(D) if the mediator discovers a circumstance requiring disqualification.

(j) Confidentiality of Proceedings

(1) General Rule of Confidentiality. Except as otherwise provided in L.U. CIV.

R. 83.7(j)(4) or required by law, all communications made in mediation or

settlement conference are confidential. Mediation- and settlement-

conference-related communications are not subject to disclosure and may

not be used as evidence against any party or participant in any judicial or

administrative proceeding.

(2) No Compelled Disclosure. Except as provided in L.U. CIV. R. 83.7(j)(4) or

required by law, no party, party’s attorney, party’s representative, mediator,

or judicial officer is subject to process requiring disclosure of confidential

information or data related to a mediation or settlement conference

conducted under this Local Rule, nor may such persons be compelled to

testify in any proceeding related to matters occurring during a mediation or

settlement conference.

(3) Limitations on Communications with Court. Except as provided in L.U.

CIV. R. 83.7(j)(4) or required by law, a person participating in mediation or

settlement conference under this Local Rule may not be compelled to

disclose to the court any communication made, position taken, or opinion

formed by any party or mediator in connection with mediation or

settlement conference.

(4) Exceptions to the General Rule of Confidentiality. The only circumstances

which may make it appropriate for a party, a party’s attorney, a party’s

representative, a mediator, or a judicial officer to disclose a confidential

communication arising from proceedings governed by this Local Rule is a

finding by the court that such testimony or other disclosure is necessary to:

(A) prevent a manifest injustice;

(B) enforce a settlement;

(C) help establish a violation of criminal law; or

(D) prevent harm to the public health or safety.