Legal JDR Request

Legal JDR Request

This Legal JDR Request is submitted by the undersigned parties for the purpose of initiating a Judicial Dispute Resolution proceeding. Party 1: , Address: ; Party 2: , Address: . Case caption (if any): ; Court: ; Case number: .

RECITALS

WHEREAS, the parties desire to resolve disputes arising from the matter identified above through a judicially supervised dispute resolution session conducted by a judicial officer designated or agreed to by the parties; and

WHEREAS, the parties agree that participation in Judicial Dispute Resolution (JDR) is voluntary, that the JDR process is intended to promote settlement through a structured, judicially assisted negotiation, and that the exchange of settlement communications in the JDR shall be governed by the confidentiality provisions set forth in this Request; and

WHEREAS, the parties seek to set forth the scope, timing, authority, and administrative arrangements for the JDR in writing to avoid delay and to preserve the ability of the judicial officer to facilitate settlement;

NOW, THEREFORE

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby request and agree as follows:

1. Request for JDR

1.1 The parties request that a Judicial Dispute Resolution session be scheduled to address the disputes listed in Section 2. This Request constitutes a binding agreement between the parties to proceed with the JDR subject to the terms herein and consistent with any applicable court rules.

2. Scope and Issues

2.1 The matters proposed for JDR are limited to the following issues:

2.2 The parties agree that issues not listed in the box above are excluded from the JDR unless all parties and the judicial officer agree in writing to expand the scope.

3. Scheduling and Logistics

In person Remote/Video conference Hybrid

4. Judicial Officer

4.1 The judicial officer shall have the authority to conduct the JDR session, manage submissions and briefing schedules for the JDR, and engage in shuttle diplomacy and other settlement facilitation techniques. The judicial officer shall not render a binding adjudication by virtue of facilitating the JDR unless the parties execute a written settlement agreement.

5. Confidentiality; Use of Statements

5.1 All communications, documents, and statements made for the purpose of, during, or in connection with the JDR are privileged settlement communications and shall be treated as confidential by the parties and the judicial officer to the fullest extent permitted by law. Such materials shall not be admissible in any proceeding and shall not be used for impeachment or any other purpose, except as necessary to enforce a written settlement agreement or as otherwise required by law.

5.2 Notwithstanding the foregoing, the parties acknowledge that: (a) communications required to alert the court to a conflict of interest, fraud, or other unlawful conduct may be disclosed; and (b) the judicial officer may disclose to the court a limited statement that the JDR was unsuccessful without revealing substantive settlement communications.

6. Exchange of Materials

6.1 Unless otherwise agreed, the parties shall exchange concise written position statements and any non-privileged documents reasonably necessary for the JDR at least days prior to the scheduled session.

7. Fees and Costs

7.1 Unless otherwise ordered by the court, the fees and administrative costs associated with the JDR, including any judicial officer fee, shall be borne as follows:

7.2 The party responsible for payment of the initial deposit or administrative fee shall provide proof of payment to the judicial officer or program coordinator at least days prior to the JDR.

8. Settlement Authority and Attendance

8.1 Each party represents that the person(s) attending the JDR will have authority to negotiate and, if feasible, to execute any settlement agreement within the parameters disclosed prior to the JDR session. Counsel attendance is required unless excused in writing by the judicial officer.

9. Settlement and Recording

9.1 Any agreement reached in the JDR shall be reduced to writing and signed by the parties. Absent a signed settlement agreement, no communication made during the JDR shall be admissible to prove liability, damages, or the truth of any statement made solely for the purpose of settlement negotiations.

10. Notices

10.1 All notices, requests, demands, or other communications required or permitted under this Request shall be in writing and delivered to the counsel or party contact information provided above or to the following additional representative:

11. Governing Law

11.1 This Request shall be governed by and construed in accordance with the laws of the jurisdiction in which the court presiding over the referenced matter is located, without regard to conflict of law principles that would require the application of the laws of another jurisdiction.

12. Entire Agreement

12.1 This Request contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

13. Severability

13.1 If any provision of this Request is held to be illegal, invalid or unenforceable under present or future laws effective during the term of this Request, such provision shall be fully severable, and this Request shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Request, and the remaining provisions shall remain in full force and effect.

14. Amendments; Waiver; Counterparts

14.1 No amendment, modification, or waiver of any provision of this Request shall be effective unless it is in writing and signed by the parties. The failure of any party to enforce any provision of this Request shall not constitute a waiver of that provision or of the right to enforce it in the future.

14.2 This Request may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or electronic means shall be deemed original signatures for all purposes.

Acknowledgment

By signing below, each signatory represents that they have the authority to bind the party on whose behalf they sign, that they have read and understand this Request, and that they consent to the terms set forth herein.

Sign Now