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When can I get my case into an ADR process?
A case may be referred to ADR at any time.
What is the Certificate of Selection of Dispute Resolution and who submits it?
The Certificate of Selection of Dispute Resolution certifies that counsel has discussed the ADR Program with the client and indicates which dispute resolution process the client prefers. All counsel in any civil case eligible to participate in ADR must complete and file a Certificate at least ten days before the initial scheduling conference in the case. See DUCivR 16-2(d). A party may change its choice of dispute resolution process by filing a subsequent Certificate. Counsel in bankruptcy adversary proceedings do not need to file a Certificate. Instead, parties discuss the mediation option at the initial scheduling conference before the assigned bankruptcy judge.
How do I get my case into an ADR process?
Parties may request arbitration or mediation by filing a Certificate of Selection of Dispute Resolution or a Stipulated Motion of Referral to ADR along with a proposed order. The assigned judge may also order a case into mediation on the judge's own motion.
What rules govern the ADR Program?