Programs  >  Practice Area  >  Civil  >  Mid-Level Civil Cases - Monetary Claims

Year started: 1998
Neutrals: Attorneys
Eligibility: All intellectual property cases falling under the Lanham Act
Pro bono services available?: no

The Northern District of Illinois in 1996 adopted a voluntary mediation program under Local Rule 16.3 that applies to cases arising under the Federal Trademark Act of 1946 (the "Lanham Act"). Mediation in the Procedures for Mediation of Lanham Act Cases is defined as a "flexible, nonbinding and confidential dispute resolution process in which an impartial and qualified neutral facilitates negotiations among the parties in an attempt to help them reach settlement."

Cases are assigned to the program after being identified as Lanham Act cases by the Clerk of the Court. The clerk notifies the assigned judge and the plaintiff that the case has been assigned to the program. The plaintiff then is responsible for notifying the defense of the cases reassignment to the mediation program. Parties are required to submit, within 90 days of filing of the complaint, a joint statement indicating either their willingness to participate in the program or their reasons for declining to participate.

In preparation for the mediation conference, the mediator may require the parties to submit confidential memoranda, not to be shared with the other side, that address strengths and weaknesses of the case and settlement proposals. Parties with full authority to negotiate and settle the dispute along with their attorneys are required to attend the mediation session. After the mediation, the mediator submits to the court a report disclosing only whether required parties were present and settlement status. All other oral and written communications made in connection with the mediation are privileged and prohibited from being reported to the court.

Mediations are conducted by neutrals selected by the parties from the courts List of Lanham Act Organizations and Neutrals. The court maintains and makes available to the public a file containing the qualifications for these mediators. Criteria for inclusion on this list include five or more years of experience in the practice of Lanham Act law or three or more years of experience as a neutral. Fees for mediation are agreed upon in advance of the mediation by the neutral and the parties.

U.S. District Court, Northern District of Illinois Local Rule 16.3 et seq.

Text of rule: http://www.ilnd.uscourts.gov/LEGAL/LanhamAct/LanhamActPrg.htm
Date adopted: September 30, 1996
Date amended: January 1, 2003
Summary: Under this rule, all cases filed under the Federal Trademark Act of 1946 are assigned to mediation, from which the parties may opt out. No matter whether they opt out or not, the attorneys must certify that they have discussed the option of mediation with their clients and opposing counsel. If they choose to mediate, parties may select the mediator from the court's roster. The rule outlines the qualifications the mediators must have in order to be placed on the roster and the manner in which the parties divide compensation of the mediator.

For more information about this program, contact:

Ted Newman
Judicial Services Manager

phone: (312) 435-5359
ted_newman@ilnd.uscourts.gov