D. Mont. L.R. 16.5

(a) Mediation and Evaluation.

(1) Pursuant to 28 U.S.C. §§ 651 et seq., the court encourages mediation

and neutral evaluation as alternative dispute resolution (“ADR”)

procedures. Parties must consider using ADR procedures at an

appropriate point in the litigation. Parties may engage in ADR with or

without the assistance of the court.

(A) Mediation is a non-binding process in which an impartial third

party assists the parties in reaching an agreed settlement. A

settlement conference is mediation conducted by a judicial

officer. A mediator may confer separately and privately with

any party during a session.

(B) Neutral evaluation is a non-binding process in which the parties

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present summaries of their cases to an evaluator, who assesses

the parties’ legal positions and provides them with an impartial

evaluation of the case. The evaluator may help the parties

identify areas of agreement, provide case planning guidance,

and assist in negotiating a settlement.

(2) The chief deputy clerk of court must annually prepare a statement for

the Chief Judge regarding the District’s use of ADR procedures.

(b) General Rules.

(1) Case Management Responsibility. The presiding judge retains case

management responsibility at all times. Where a case is referred to a

magistrate judge for all pretrial proceedings, the magistrate judge is

the presiding judge.

(2) Confidentiality. All settlement proceedings are confidential.

Attorneys, participants, mediators, and evaluators must preserve the

confidentiality of all communications made in the course of ADR

procedures.

(3) Mediators and Evaluators. All persons serving as mediators or

evaluators under this rule are performing quasi-judicial functions and

are entitled to the immunities and protections accorded by law to

persons serving in such capacity.

(4) Obligation of Good Faith.

(A) Each party must ensure that a person with ultimate settlement

authority attends and participates in any ADR procedure

ordered by the presiding judge. A unit or agency of government

satisfies this attendance requirement if represented by a person

who has, to the greatest extent feasible, authority to settle and

who is knowledgeable about the facts of the case, the

governmental unit’s position, and the procedures and policies

under which the governmental unit decides whether to accept

proposed settlements.

(B) Failure to participate in good faith may result in the imposition

of sanctions against the offending party.

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(5) Notification of Settlement. When a case is settled, the parties must

immediately notify the court by filing a notice in the case.

(c) Motions and Orders for ADR.

(1) The presiding judge may, sua sponte or on the motion of a party, order

the parties to participate in mediation or neutral evaluation.

(2) The presiding judge will select the mediator or evaluator and may

select any person not involved in the case.

(3) The presiding judge or a judicial mediator or evaluator may issue

appropriate orders to govern the proceedings. A non-judicial mediator

or evaluator may set forth the governing procedures in a letter to the

parties. Such letters will not be filed in the record of the case.

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