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General Order No. 114 0 <br /> 1 5. REFERRAL, OF CASES TO THE COURT-DIRECTED ADR <br /> 2 PROGRAM <br /> 3 5.1 Court-Directed ADR Program. With the exception of those case <br /> 4 types exempted in section 4.5 above and cases involving a party who is not <br /> 5 represented by counsel (see section 4.6), all civil cases which are assigned to judges <br /> 6 participating in the Court-Directed ADR Program are presumptively referred to the <br /> 7 Mediation Panel or a private dispute resolution process. The participating judges <br /> 8 are listed on the court website, www.caed.uscourts.gov, ADR section,under "List of <br /> 9 District Judges Participating in the ADR Program." In all such cases, a "Notice to <br /> 10 Parties of Court-Directed ADR Program" in the form attached as "Exhibit C" will <br /> 11 be provided to counsel at the time of the filing of the complaint or notice of removal <br /> 12 for service on all parties. Counsel are required to furnish and discuss with their <br /> 13 clients the "Notice to Parties: Court Policy on Settlement and Use of Alternative <br /> 14 Dispute Resolution" (the "ADR Notice to Parties") and the ADR options available <br /> 15 to them before the conference described in section 5.2 below. <br /> 16 5.2 The Parties' Duty to Consider ADR, Confer and Report. Unless <br /> 17 otherwise ordered, at the conference of the parties held pursuant to Fed. R. Civ. P. <br /> 18 26(f) and Civil L.R. 26-1, counsel shall meet and confer about whether their case is <br /> 19 best suited to a mediation with a neutral selected from the Mediation Panel or a <br /> 20 private mediation, and when the mediation should occur. See Civil L.R. 26-1(c). <br /> 21 The parties shall include their shared or separate views regarding the appropriate <br /> 22 ADR procedure and proposed date of the session in the written report required by <br /> 23 Fed. R. Civ. P. 26(f) and Civil L.R. 26-1. <br /> 24 5.3 Order/Referral to ADR. After considering the parties' written report <br /> 25 required by Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, the assigned judge will file an <br /> 26 Order/Referral to ADR, in the form attached as "Exhibit B." <br /> 27 5.4 Discretionary Referral. For cases that do not meet the criteria of <br /> 281 section 5.1 of this Order but which the assigned judge determines would benefit <br /> 9 <br />