IN THE UNITED STATES DISTRICT COURT
                   FOR THE DISTRICT OF NEBRASKA



IN THE MATTER OF 			)
     					)
COURT-ANNEXED MEDIATION			)
     					)GENERAL ORDER 95-  10  
     					)
     					)
     					)

IT IS HEREBY ORDERED:

      1.The Mediation Plan adopted by this court by General
Order 95-01 on January 10, 1995 is hereby amended in conformity
to the Mediation Plan attached to this General Order.

      2.Paragraph (3) of General Order 95-01 is hereby amended
to read as follows:

          (3)  Procedure for Implementation.  This general order 
           with the attachment shall be available to the public
          in the clerk's offices of the court, and shall be
          provided to the parties whose cases are referred for
          mediation.  The mediation plan shall become effective
          immediately, but no cases shall be referred to
          mediation until there are at least twenty-five
          mediators approved by the clerk of the court pursuant
          to this plan, or on July 1, 1995, whichever first
          occurs.  The clerk shall notify the chief judge of the
          fact that twenty-five mediators have been approved.

Dated    June 30, 1995        


     BY THE COURT:

            (signed)                   
     WILLIAM G. CAMBRIDGE, Chief Judge
     United States District Court

            (signed)                   
     LYLE E STROM
     United States District Judge

            (signed)                   
     RICHARD G. KOPF
     United States District Judge
     
            (signed)                   
     THOMAS M. SHANAHAN
     United States District Judge

                            MEDIATION PLAN

                               FOR THE

                     UNITED STATES DISTRICT COURT

                         DISTRICT OF NEBRASKA


    1.Purpose.It is the purpose of the court to provide mediation
services with resultant savings in time and expenses to litigants and
the court without sacrificing the quality of justice to be rendered or
of the right of the litigants to trial in the event a voluntary
settlement satisfactory to the parties is not achieved through the
mediation procedure.

   2.Designation of Civil Cases for Mediation.  Any district,
magistrate, or bankruptcy judge may by order refer a case to mediation
when the judge finds that the nature of the case and the amount in
controversy, together with the information available regarding the
possibility of settlement make resolution of the case by mediation a
practical possibility within the purposes noted above.  Such cases may
include, but are not limited to:
           (a)Employment cases in which the parties have not
          previously engaged in conciliation proceedings;
           (b)Cases involving policy or practice questions that lend
          themselves to negotiation regarding actions or procedures to
          be taken in the future;
           (c)Cases in which the parties are involved in an on-going
          relationship which will continue after the resolution of the
          litigation;

           (d)Cases in which the litigation costs are high in relation
          to the amount in controversy;
           (e)Cases in which the amount in controversy is determined
          to be less than  $100,000; and
           (f)Cases to which the United States is a party and the
          parties to the litigation have not previously engaged in
          negotiations, work-out arrangements, or similar efforts.

   3.Procedure for Referral to Mediation.
           (a)As soon as practicable after all defendants have
          answered the complaint, the court shall, after conferring
          with the parties and/or counsel by mail or otherwise,
          determine whether to designate the case for mediation.
           (b)At such time the judge shall enter an order which shall
          stay all further proceedings in the case, pending the outcome
          of the mediation, and refer the case to on of the regional
          mediation centers established under the Nebraska Dispute
          Resolution Act.
           (c)The order of referral shall require all parties or their
          fully authorized representatives, and counsel, to attend the
          mediation session scheduled by the mediation center.  Failure
          of a party, an attorney, or a fully authorized representative
          of a party to attend the mediation session shall be cause for
          the imposition of sanctions against the offending party
          and/or counsel.
           (d)any party may file an objection to the reference of the
          case to mediation, not later than seven working days
          following the filing of the order described in subparagraphs
          (b) and (c), above.  The objection may:  challenge the
          reference in toto if the party views the dispute as wholly
          inappropriate for mediation; challenge some lesser aspect of
          the reference, such as particular substantive matters or
          procedure; or alternatively, state that the parties have,
          themselves, selected a mediator other than one to be obtained
          through the auspices of the Nebraska Office of Dispute
          Resolution to which the mediation should be referred.  The
          objection shall set forth the bases for the objection and in
          addition, if it is directed to some specific substantive
          matter or procedure, shall propose alternative provisions in
          the order which would, if adopted, resolve the objection to
          the satisfaction of the objecting party.  Any such proposal
          shall first have been discussed in person or by telephone
          with opposing counsel or parties, unless such a discussion is
          shown to be impossible.  Unless all parties are shown to have
          agreed to the objector's proposal, as soon as practicable
          after the filing of an objection, the judge shall confer with
          counsel and/or the parties in an attempt to resolve the
          objection so the mediation can take place.  Such resolution
          may include making the subject of the objection itself a
          subject for mediation as a preliminary matter during the
          mediation session.  If such conference resolves the
          disagreement raised by the objection, the judge shall enter
          an amended order in accordance with that resolution.  If
          after such conference the judge is unable to resolve the
          objection to facilitate the mediation, he or she shall
          withdraw the order referring the case to mediation.  During
          the pendency of the objection, the order of reference shall
          be automatically stayed.
   4.Procedure for Mediation.
      (a)Within twenty days of the entry of the order of
     referral, counsel for the parties shall confer with the staff
     of the mediation center to secure a date for the mediation
     session.  The mediation center shall determine the date, time
     and place of the mediation session, taking into consideration
     the convenience of all persons attending.
      (b)The mediation center shall select a mediator from among
     those mediators who are qualified to serve as the mediator in
     the referred case.  Such mediator shall meet all criteria
     required to qualify as a mediator under the Nebraska Dispute
     Resolution Act, and, in addition, shall meet the criteria set
     forth in paragraph 6, below.  The mediator selected may be
     disqualified if found to have a conflict of interest or if,
     for any other reason, one or more of the parties establishes
     that the mediator cannot be expected to be impartial.  Any
     request for replacement of the selected mediator shall be
     made to the mediation center.  The mediator may, prior to the
     mediation session request or require counsel and/or the
     parties to supply him or her with information about the case,
     including material documents, exhibits and statements
     concerning the dispute and any prior attempts to resolve it.

      (c)The mediation session shall be held no later than sixty
     days following the entry of the order of referral, unless all
     parties agree to a continuance, in which case the mediation
     session shall be held no later than ninety days following the
     entry of the order of referral.  At the mediation session
     counsel for the parties and the parties themselves may be
     required to present information reasonably necessary for the
     mediator to understand the issues presented and the interests
     of the parties in settlement.  The mediator shall conduct an
     orderly settlement negotiation with the parties and their
     counsel, identifying issues, generating options, and
     proposing solutions to the dispute.  The mediator shall be
     impartial and shall not express his or her own opinions or
     make any determination or recommendations as  related to the
     case.  Except as may be specifically provided herein, the
     mediation session shall be conducted in accordance with the
     Nebraska Dispute Resolution Act, Neb. Rev. Stat. 25-2901,
     et. seq., as existing at the time of the mediation
     proceedings.
      (d)The mediation session(s) constitute settlement
     negotiations.  Notwithstanding the provisions of Rule 408,
     Fed. R. Evid., all statements, whether written or oral, made
     only during the course of the mediation proceeding shall be
     deemed to be confidential and shall not be admissible in
     evidence for any reason in the trial of the case, should the
     case not settle.


      (e)Within five working days of the conclusion of the
     mediation process, the mediation center shall report to the
     clerk of the appropriate court whether the case has been
     settled, whether a partial resolution has been reached, and
     whether the fees for the mediation have been paid by the
     parties responsible for them, and if not, the amount of
     unpaid fees and the responsible party or parties. 
     Information about the substance of the parties' agreement
     shall not be provided without their consent.
      (f)In the event the case has not settled, the clerk shall
     notify the assigned district, magistrate, or bankruptcy judge
     for the purpose of the entry of an order restoring it to the
     active docket of the court, including trial.
      (g)In the event the mediation fees, or some portion
     thereof, have not been paid, the clerk shall note such fees,
     and such fees shall be included in the computation of any
     judgment entered in the case, unless the clerk has been
     notified by the mediation center prior to the entry of
     judgment that such fees have been paid.
   5.Fees for Mediation.  The cost of the mediation service shall be
borne by the parties to the mediation session at the rate established
in conjunction with the mediation center, not to exceed $100.00 per
hour total, which can be divided equally or on some pro rata basis as
decided by the parties.  At the conclusion of the mediation proceeding
the mediation center shall present a payment request to the parties
attending and their counsel.  In the event no or more of the parties is
proceeding in forma pauperis, the mediation fees of that party may,
upon proper application and approval under NELR 67.4, be paid from the
Federal Practice Fund, unless the mediated settlement includes payment
of that party's mediation fee by another party.
   6.Mediators; Qualifications.
      (a)The clerk of the district court shall create a list of
     persons who have applied and meet the requirements to serve
     as mediators under this Plan.  A current list of such persons
     shall be maintained in the offices of the clerk and shall be
     made available to counsel and the public upon request.
      (b)An individual may serve as a mediator if he or she has
     qualified as a mediator under the requirements of the
     Nebraska Dispute Resolution Act, and, in addition:
          (i) is an attorney in good standing in the state of
          Nebraska and in this court; and
          (ii) has been admitted to practice law in any state for at
          least five years; and
          (iii) has completed not fewer than 15 hours of
          specialized training in mediating cases in federal
          court; and
          (iv) has completed at least three mediations supervised
          by an experienced mediator; and
          (v) agrees to accept cases referred pursuant to
          this Plan and to abide by the provisions of this
          Plan and the orders of the court, including the
          limitations on fees, in such cases; and
          (vi) agrees to act as a co-mediator in cases
          referred pursuant to this Plan.
     (c)  A person desiring to serve as a mediator shall complete
     an application provided by the clerk of the district court
     which states in detail the applicant's experience as a
     mediator, including mediating disputes which were, at the
     time of the mediation, in litigation; the applicant's
     training; and the subject matter areas in which the applicant
     claims particular expertise or in which the applicant has
     significant experience.  In addition, the applicant shall,
     upon acceptance of the application by the court, take the
     oath or affirmation below:
          "I,                     , do solemnly swear/affirm  that I do
          meet the qualifications required by the Mediation Plan for
          the United States District Court for the District of
          Nebraska, and that I will promptly, faithfully and
          impartially discharge the duties of mediator in accordance
          with the Mediation Plan for the United States District Court
          for the District of Nebraska, applicable laws of the State of
          Nebraska, and the rules and orders of this court."
     Approval shall be effective for a period of five years, and
     reapplication shall be required after each five-year approval
     period.  Subsequent applications shall require satisfactory
     performance in mediations referred pursuant to this Plan, as shown
     by the evaluation(s) submitted pursuant to paragraph 8 of the
     Plan.  No fee shall be charged by the clerk for initial
     applications; however, the clerk may charge a nominal fee to cover
     administrative expenses for processing subsequent applications. 
     The clerk shall promptly provide to the Nebraska Office of Dispute
     Resolution the names and addresses of mediators who have been
     approved pursuant to this Plan, together with the expiration date
     of the approval period.
     (d)  When exceptional circumstances warrant, an individual who
     does not meet the requirements of subparagraphs (b) and (c) of
     this paragraph may be approved as a mediator in a particular  
     case with the consent of the parties and the approval, by order,
     of the judge.
     (e)  Two co-mediators may be assigned in a particular case in
     accordance with the joint request of the parties and the approval,
     by order, of the judge, or, alternatively, at the discretion of
     the mediation center to which the case has been referred pursuant
     to this Plan.  Only one of such co-mediators need meet the
     criteria in (b) above, but both must be qualified under the
     Nebraska Dispute Resolution Act.
   7.Mediators; Requirements.  An attorney-mediator shall meet the
requirements of applicable ethical stands established by the Nebraska
Office of Dispute Resolution, and in addition, shall:
     (a) clearly inform the parties of the attorney-mediator's role as
     mediator, including the confidentiality of the process, and of the
     fact that there is no attorney-client privilege or relationship
     between the attorney-mediator and any party;
     (b) assist the parties in defining the issues of the dispute;
     (c) advise and encourage unrepresented parties to seek independent
     legal advice before executing any settlement agreement drafted by
     the attorney-mediator;
     (d) not have represented any of the parties before in any matter,
     not be, and not have been, affiliated with any firm or
     professional corporation or association which has represented any
     of the parties;
     (e) not have any financial or other interest of any kind in any
     organization or entity which is a party or related to a party to
     the case;
     (f) not hold any position, interest, or relationship to any party
     which might reasonably provide any basis for the mediator's
     impartiality to be questioned;
     (g) not hold any personal interest, bias, or prejudice for or
     against any party or any party's attorney(s);
     (h) not represent any of the parties for a period of at least six
     months following the conclusion of the mediation, but after that
     time period may represent one of the parties only in a matter that
     is clearly distinct from the mediated issues;
     (i) withdraw as mediator if any of the requirements of this
     paragraph is not met or if any of the parties so requests and
     makes a showing that one or more of the requirements in paragraph
     6(b), above, or any of the conditions of this paragraph, no longer
     is satisfied.  Upon withdrawal the attorney-mediator shall not act
     or continue to act, in any capacity, on behalf of any of the
     parties in the matter that was the subject of the mediation.
Nothing in this paragraph restricts or applies to the activities of
attorneys representing clients in the negotiation or mediation process.

   8.Evaluation.  At the conclusion of the mediation process for each 
case the clerk of the district court shall, in cooperation with the
mediation centers, measure the effectiveness of the mediation program
in terms of satisfaction of the parties and the attorneys involved, as
well as savings to the parties in time and money, in comparison to
litigating the case to ultimate disposition.  The clerk shall report to
the judges of the court on relevant statistics and evaluative measures
regarding cases referred to mediation, on or about the second January
1st following implementation of the mediation plan, and annually
thereafter.  Such reports shall include copies of related
correspondence received from parties, attorneys, mediators, mediation
center personnel, or other interested persons concerning the mediation
program.  Copies of the report shall be delivered to the members of the
Federal Practice Committee, which may further evaluate the program and
propose changes to the judges in accordance with its findings.