Local Rule LBR 9019-15: Conduct of the Mediation Conference

LBR 9019-15: Conduct of the Mediation Conference The Mediation Conference shall proceed informally and rules of evidence shall not apply. There shall be no formal examination or cross-examination of witnesses. In the mediator's discretion, the mediator may:

(a) meet privately and confidentially with each party to discuss settlement or the mediation process;

(b) permit each party, through counsel or otherwise, to make an oral presentation of its position;

(c) help the parties identify areas of agreement and, where feasible, formulate stipulations;

(d) help the parties assess the relative strengths and weaknesses of the parties' contentions and evidence;

(e) help the parties estimate the likelihood of liability and the dollar range of damages;

(f) help the parties devise a plan for sharing the important information and/or conducting the key discovery which will equip them to participate as expeditiously as possible in meaningful settlement discussions or to posture the dispute for disposition by other means; and

(g) determine whether some form of follow-up to the Mediation Conference would contribute to the process of case development or settlement and, if so, conduct additional Mediation Conferences after the initial Mediation Conference.