Local Rule LCvR16.3: Court-Ordered Mediation

LCvR16.3 Court-Ordered Mediation.

(a) Selection of the Mediator. In a mediation ordered by the court, the parties may select any mediator that they agree upon.

(b) Required Attendance. Unless otherwise directed by the designated mediator, the following shall attend any mediation ordered by the court:

(1) Named Parties. Each named party shall attend the mediation, regardless of the availability of insurance. If any party is not a natural person, a representative of that party with knowledge of the relevant facts shall attend the mediation.

(2) Governmental Body. If approval by a Governmental Body is required by law to authorize settlement, attendance of at least one current member of the Governmental Body is required. "Governmental Body" as used in this subsection (b)(2) means a governmental board of directors, trustees, commissioners, managers, or other similar officers.

(3) Insurers and/or Subrogors. Insurers and/or subrogors of any party shall attend the mediation. Counsel for any such party is responsible for notifying the insurer and/or subrogor of this requirement.

(4) Lead Trial Counsel. Lead trial counsel for each named party shall attend the mediation.

(c) Required Settlement Authority. Unless otherwise directed by the designated mediator, each party must attend a court-ordered mediation with full settlement authority.

(1) Definition of "Full Settlement Authority" for the Plaintiff. For a plaintiff, such representative must have final settlement authority, in the representative's discretion, to authorize dismissal of the case with prejudice or to accept a settlement amount down to the defendant's last offer.

(2) Definition of "Full Settlement Authority" for the Defendant. For a defendant, the term "full settlement authority" requires the defendant to have final settlement authority to commit the party to pay, in the representative's discretion, an amount up to the plaintiff's prayer or up to the plaintiff's last demand, whichever is lower.

(d) Mediation Statements. Unless otherwise directed by the designated mediator in a court-ordered mediation:

(1) each party shall submit a mediation statement to the assigned mediator and serve counsel for all other parties at least 3 business days before the mediation, and

(2) the statement shall not exceed 5 pages double-spaced and shall set forth the relevant positions of the parties concerning factual issues, legal issues, and relief requested.

(e) Mediator Report. Unless otherwise ordered, the parties shall ensure the filing of the mediator's report in a court-ordered mediation. The filing shall be on the form approved by the court no later than 7 days after completion of the mediation.

(f) Confidentiality. All communications made in connection with a court-ordered mediation, other than as stated below, shall be considered confidential. Unless otherwise permitted under Fed. R. Evid. 408 or any other provision of federal law, communications made in connection with a court-ordered mediation may not be used by any party in the trial of the case. Any motion by counsel or reports by the designated mediator, including those concerning noncompliance with the local rules, shall not violate confidentiality.

(g) Sanctions. In a court-ordered mediation, failure to comply with any provision of this rule may result in the imposition of sanctions.