Local Rule LBR 9019-13: Mediation Procedure

LBR 9019-13: Mediation Procedure

(a) Initial Telephone Conference. As soon as practicable after notification of appointment, the mediator shall conduct a telephone conference with counsel for the parties and any unrepresented parties to discuss the nature of the matter, the expectations of the parties concerning the scheduling and nature of the mediation process, and anything else which will facilitate the mediation process.

(b) Mediation Conference Scheduling. Within 14 days of the telephonic conference, the mediator shall give notice to the parties of the time and place for the mediation, which shall be held at a time and location convenient to the parties.

(c) Mediation Summaries. At the request of the mediator, no later than seven days before the date of the Mediation Conference, each party shall submit a written Mediation Statement directly to the mediator and serve copies on all other parties. Mediation Summaries shall not exceed 15 pages (excluding exhibits and attachments). While Mediation Summaries may include any useful information, it is helpful to:

(1) identify the person(s), in addition to counsel, who will attend the session as representative of the party with decision-making authority;

(2) describe briefly the substance of the dispute;

(3) identify any legal or factual issues whose early resolution might appreciably reduce the scope of the dispute or contribute significantly to settlement;

(4) identify any outstanding discovery which could contribute most to equipping the parties for meaningful settlement discussions;

(5) set forth the history of past settlement discussions, including disclosure of prior and any presently outstanding offers and demands;

(6) make an estimate of the cost and time to be expended for further discovery, pretrial motions, expert witnesses and trial (this information may be included in a separate, confidential communication between the party and the mediator only); and

(7) indicate presently scheduled dates for further status conferences, pretrial conferences, trial or otherwise.

(d) Summaries Not to Be Filed with Court. The written Mediation Summaries shall not be filed with or disclosed to the Court and the Court shall not have access to them.

(e) Identification of Mediation Participants. Parties may identify in their Mediation Summaries persons connected to a party opponent (including a representative of a party opponent's insurance carrier) whose presence at the Mediation Conference could make it more productive; the fact a person has been so identified, shall not, by itself, result in an order compelling that person to attend the Mediation Conference.

(f) Documents. Parties shall attach to their written Mediation Summaries copies of any documents which would materially advance the purposes of the Mediation Conference.

(g) Confidential Communications with Mediator. In the mediator's discretion, the mediator may meet with any party or confer with them or their representatives privately and confidentially.