Local Rule L.R. 9019: Mediation.

L.R. 9019 - Mediation. A. Choosing the Mediator. The parties to a mediation may agree on a mediator who is not the judge presiding over their case. If the Court has ordered the mediation, the parties must agree on a mediator within seven (7) days of the mediation order.

B. Compensation of Mediators. The amount of compensation required to be paid to the mediator will be determined by the mediator and parties to the mediation. A Trustee's or debtor-in-possession's share of the costs of mediation will be an expense of the estate subject to review by the Court.

C. No Stay of Proceedings. Unless otherwise ordered, referral of a proceeding to mediation does not stay discovery or other preparation for trial or final hearing.

D. Mediation Statements. Any mediation statement should not be filed with the Court.

E. Attendance. The mediator must report to the Court any willful failure to attend or participate in a Court-ordered mediation.

F. Mediation Report. No later than seven (7) days after conclusion of a Court-ordered mediation, the mediator must file with the Court and serve on the parties the mediator's report (Local Form 24) advising whether the matter has been resolved. In the event the matter is unresolved, the mediator will make no further comment or recommendation concerning the matter, and the matter will proceed as scheduled before the Court. If an agreement has been reached in any mediation, no later than fourteen (14) days after the conclusion of the mediation, the parties must prepare, and the plaintiff or the movant must file a stipulation of settlement or joint motion for approval of the settlement.

G. Confidentiality. Conduct or statements made during mediation constitute "conduct or statements made in compromise negotiations" under Federal Rule of Evidence 408, and no such evidence will be admitted or disclosed to the Court or any party to which the conduct or statements were not disclosed during the mediation.