The United States District Court for the Western District of Pennsylvania recently adopted substantial revisions to the policies and procedures for its alternative dispute resolution program.

Since 2008, the Western District's rules require that most noncriminal cases go through an alternative dispute resolution process soon after the lawsuit is filed. The parties may choose arbitration, mediation or a process known as early neutral evaluation conducted by trained, impartial neutral professionals.

The recent revisions were proposed by a committee of local attorneys formed at the request of the court's alternative dispute resolution coordinator. Some of the key changes include:

• Obligate mediators and neutral evaluators under the federal court program to comply with the Model Standards of Conduct for Mediators as last adopted or amended by the American Arbitration Association, American Bar Association and Association for Conflict Resolution.

• Obligate arbitrators to comply with the Model Standards of Conduct for commercial Arbitrators adopted by the American Arbitration Association and American Bar Association.

• Substantially revise and greatly strengthen confidentiality protections for all alternative dispute resolution processes.

• Obligate all mediators and neutral evaluators to put their agreements with their clients in writing, including confidentiality agreements and fee provisions.

The new rules, already in effect, will benefit all parties involved in lawsuits pending in the local federal court by ensuring that alternative dispute resolution providers conform to national standards of ethical conduct and that all alternative dispute resolution processes remain strictly confidential.

-- Laura Candris,
Meyer Unkovic & Scott,
lac@muslaw.com

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