Rule 6.012 - CIVIL ADR AND JUDICIAL SETTLEMENT CONFERENCESThe following procedures apply to the court's Mandatory Alternative Dispute Resolution ("ADR") Certification required in all pending civil cases, except cases subject to mandatory arbitration, and Family Law, Small Claims, Forcible Entry and Detainer, and Probate matters, and to the court's Judicial Settlement Conference program.
The court may sanction any party who fails to comply with the requirements of this rule. Should the court determine that sanctions are appropriate or warranted by the conduct of the party or a party's attorney as relates to this rule, the court may assess any sanction under UTCR 1.090 that the court deems appropriate.
(1) Mandatory ADR Certification(a) In every civil case subject to this rule, not later than 60 days prior to the first trial date set by the court, the parties must file a Joint ADR Certificate certifying that the parties have engaged in some form of ADR or setting forth in reasonable detail why ADR cannot or should not be pursued.(b) If, after reasonable efforts to confer, a party is unable to get any other party to participate in filing a Joint ADR Certificate, all parties that have participated must file an ADR Certificate that otherwise satisfies Section (1)(a) of this rule and sets forth in reasonable detail the efforts made to confer with any non-participating party.(c) The court may reject any ADR Certificate and order the parties to engage in some form of ADR, or additional ADR, including a Judicial Settlement Conference as provided in this rule, if the court determines that the ADR Certificate is inadequate.(2) Judicial Settlement Conference (a) A judicial settlement conference will be held pursuant to UTCR 6.200(2) and (3), if ordered by the court or if requested by a party or the party's attorney. If a party objects to another party's request for a Judicial Settlement Conference, a Judicial Settlement Conference will not be held if the opposing party demonstrates good cause why a Judicial Settlement Conference should not be held.(b) The court has discretion when selecting the Settlement Judge and may assign sitting judges and pro tempore judges to serve as settlement judges. If the assigned Settlement Judge is a sitting judge, the parties may unanimously consent to the Settlement Judge acting as the Trial Judge in the event the case does not settle, and in the event the case is assigned to that sitting judge by the court's calendaring department.(c) The judicial settlement conference will take place at the time and location designated by the Settlement Judge. The procedures and deadlines for any pre-conference submissions will be established by the Settlement Judge. Pre-conference submissions and judge notes prepared by the pretrial settlement judge must not be filed with the court.(d) Each party is required to pay the fee indicated on the circuit court fee schedule by no later than 24 hours prior to the date of the Judicial Settlement Conference. Upon motion and good cause shown, the court may waive the fee required by this section.(e) Each party must have a principal with full authority to settle or resolve the case present or readily available, by simultaneous electronic transmission (e.g., telephone, video) or other means, at the time of the Judicial Settlement Conference.(f) If a settlement is reached following a Judicial Settlement Conference, the parties must immediately inform the court's calendaring department of the fact of settlement.Amended effective 2/1/2024.