Parties to a discovery dispute may stipulate to use the Program either before or after a formal motion is filed. If the discovery conference will be held prior to the filing of a discovery motion, parties are encouraged to use the sample Stipulation for Participation in Discovery Facilitation Program, which can be found here.

No later than noon two court days before the Facilitation, the parties must provide the Facilitator either a joint statement, limited to no more than three pages, briefly discussing the issues to be addressed, or a joint table outlining the discovery issues. A template for the table may be found here. No exhibits may be attached to the brief or the table. The purpose of the brief/table is to provide the Facilitator with an overview of the outstanding discovery disputes. Counsel and/or parties with full authority to resolve the discovery issue(s) must personally attend the Facilitation.

The Facilitator will attempt to resolve the dispute by telephone or via videocall. If a resolution is reached, it will be memorialized in a stipulation that parties will file with the Court.

Participation in the Program is not a prerequisite to filing a formal motion, but may be considered by the Court in determining if the “meet and confer” requirement has been met, and on the issue of sanctions.

To schedule a Discovery Facilitation, please contact one of the Facilitators listed below. As in the case of the Court’s Rule 4 Early Settlement Conference, a Facilitator will donate up to three hours of their time, following which the parties and the Facilitator may negotiate compensation for additional time unless the Facilitator waives any fee. Unlike mediation, it is not confidential.

Discovery Facilitators