The court is seeking government funding to pay the special masters and will not implement the program until funds are available. One judge is experimenting with early neutral evaluation. Another has referred a case to a minitrial conducted by a magistrate judge, who rendered an advisory opinion after an abbreviated hearing. Special masters, paid by the parties, have also been used in complex cases. A number of the court's judges recommend the use of private mediation or arbitration in appropriate cases.
Mediation is recommended generally in complex civil cases, and referral is based on party consent.
If the parties consent to private ADR, the parties select a neutral, make all arrangements, and pay the neutral's fee. Of note Obligations of counsel. Under Local Rule 235-2, counsel are required to discuss settlement twice, first before the start of discovery and again within ten days of the close of discovery. Parties with settlement authority are required to attend the later conference with counsel. If settlement does not result, counsel must report the status of settlement negotiations to the court in their pretrial statement.