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Rule 16(c)(9) provides: 'at any conference under this rule consideration may be given, and the court may take appropriate action, with respect to settlement and the use of special procedures to assist in resolving the dispute when authorized by statute or local rule.' Fed. R. Civ. P. 16(c)(9). In 1993, Congress revised this section to more accurately describe the various procedures available which may be helpful in settling the litigation. The advisory committee's notes to the 1993 Amendments to FRCP 16(c) provide, in part: Even if a case cannot immediately be settled, the judge and attorneys can explore possible use of alternative procedures such as mini-trials, summary jury trials, mediation, neutral evaluation, and non-binding arbitration that can lead to consensual resolution of the dispute without a full trial on the merits.
The rule acknowledges the presence of statutes and local procedures even when not agreed to by the parties. The rule does not attempt to resolve questions as the extent a court would be authorized to require such proceedings as an exercise of its inherent powers. Both the express wording of the statute itself and the language in the advisory committee's notes provide limits on the district court's ...
