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Rule 5 The Mediator

(a) Authorization to serve as volunteer mediator. The supreme court may authorize retired justices and judges and retired or semi-retired attorneys to serve as mediators. Authorized mediators shall work as volunteers and shall serve at the pleasure of the supreme court. When necessary, the administrator of the program and the Director of the Center for Alternative Dispute Resolution may serve as mediators.

(b) Assignment by program. Except as provided by section (c), the program administrator or the administrator’s designee shall assign a volunteer mediator to each case selected for appellate mediation. The parties will not be charged for the services of mediators assigned by the program.

(c) Selection by parties. The parties may jointly select any person to serve as a mediator, including a person who is not appointed as a volunteer mediator under section (a). If the parties select the mediator, the parties are responsible for any fees charged by the mediator and all costs incurred.

(d) Application of Program Rules. Without regard to the manner assigned or selected, the mediator shall operate under the program rules.