Although cases in which a prisoner is a party are exempt from this Court’s mandatory ADR Program, a Judge may order that such a case be mediated. These are usually cases in which an incarcerated individual is asserting that their Constitutional rights have been violated while incarcerated, called a prisoner civil rights case. These referrals are made after the case has survived initial screening and the Judge has determined that there is a factual and legal basis for the complaint.
When a Judge refers a prisoner civil rights case to mediation, efforts are first made to locate an attorney who will represent the pro se prisoner during the ADR process. Once a pro bono attorney is assigned, a mediator who will conduct the ADR session pro bono is needed. Any individual who has received training in mediation can volunteer for this program. There is no requirement for years of practice or certification. Therefore, all mediators are able to gain practical experience in managing and conducting mediation sessions by participating in this Program. There are also opportunities to shadow or observe more experienced pro bono mediators, upon request.
General information about Alternative Dispute Resolution is available on the ADR page of this Court’s website, (https://www.pawd.uscourts.gov/alternative-dispute-resolution).
A list of mediation training resources is also available on the Court’s website, (https://www.pawd.uscourts.gov/sites/pawd/files/Mediation_Conflict_Resolution_Resources_2026.pdf).
All participating dispute resolution professionals must be registered users of the Court’s electronic case filing system, (https://pacer.uscourts.gov/register-account). Dispute resolution professionals interested in volunteering to be a Pro Bono mediator for this Program should complete the Pro Bono Interest Form and return it to PAWD_Pro_Bono@pawd.uscourts.gov. Questions about this Program or its requirements may also be directed to this email address.
