Local Rule LCvR 84.7: THE MEDIATION PROCESS

LCvR 84.7 THE MEDIATION PROCESS

(a) SCHEDULING.

Promptly after being appointed to a case, the mediator shall fix the date, time and location of the first mediation session, which shall be held within three weeks of the date of the mediator's appointment or such later date established by the mediator with the parties.

(b) DISCRETION OF MEDIATOR.

The mediation shall be informal. Mediators shall have discretion to structure the mediation so as to maximize prospects for settling all or part of the case.

(c) JOINT AND SEPARATE MEETINGS.

The mediator typically begins with a joint mediation session, to be attended by all counsel and parties. S/he may hold separate, private caucuses with each side or each lawyer or, if the parties agree, with the clients only. The mediator may choose to conduct any joint session or private caucus by telephone or e-mail.

(d) COMPLETION OF PROCESS.

(1) The mediation ends when one of the following events occurs:

(i) the parties settle the dispute;

(ii) the mediator and the parties conclude that further discussion would be fruitless; or

(iii) the mediation deadline - a date established in the assigned judge's order of referral - is reached.

(2) If a settlement is reached, counsel shall notify the Court by filing a stipulation of dismissal or other appropriate document.

(3) Mediators shall notify the Court of the outcome of a mediation by promptly completing a Mediator Evaluation Form and returning it to the Mediation Program.

(e) EXTENSION OF MEDIATION DEADLINE.

The assigned judge may alter or extend the mediation deadline sua sponte or at the parties' request.

(f) AGREEMENTS TO BE REDUCED TO WRITING.

Agreements reached during mediation shall not bind the parties unless they are reduced to writing and signed by the parties or counsel. In cases involving government or corporate parties, an authorized representative of the governmental or corporate entity may sign.