Case selection Eligibility of cases. All civil cases are eligible for settlement week except student loan cases, overpayments of VA benefits, Social Security appeals, prisoner cases, habeas corpus petitions, appeals from bankruptcy court decisions, land condemnation cases, and asbestos product liability cases. Cases are referred to mediation by order of the assigned judge. Party consent is not required. Opt-out or removal.
Parties can, by motion, seek to remove a case from mediation.
Grounds for removal include party agreement to pursue another form of ADR or a finding that no beneficial purpose would be served by requiring a settlement week conference. The court may refer a case to settlement week mediation at any time that seems appropriate. Generally, cases are referred after issue is joined and some discovery has been completed. Parties are informed of their case's referral through a notice scheduling the conference. Parties are not required to submit anything before the mediation session.