Rule 16 Relief from Court-Ordered Mediation
Rule Text
(a) Requesting Relief from Mediation. When a case is ordered to mediation without all the parties’ stipulation, any party opposed to mediation may request the court for relief from the order for mediation and for the case to remain in the assigned judge’s docket.
(1) The request shall be filed not later than 10 days from the date of the Order for Mediation.
(2) The request must provide reasons why the case is not appropriate for mediation at that time.
(3) The request must provide facts supporting the requesting party’s contentions.
(b) Response to Request. After filing the request for relief:
(1) A party in favor of mediation may reply no later than 5 days after service of the request for relief.
(2) The court shall rule on the request for relief, with or without a hearing, no later than 15 days after the filing of the request for relief.
(3) If the request is granted, the case shall be removed from mediation and returned to the normal docket.
(4) If the request is denied, the Order for Mediation shall remain in effect.
(c) CNMI Government as a Party. When the CNMI government is a party to a civil action in which mediation shall occur, it may either proceed with mediation or, in the alternative, may request an order for the parties to participate in a mandatory settlement conference, which the court shall grant.
(1) A mandatory settlement conference is a mediation conducted by a CNMI Superior Court Judge or judge pro tempore, in accordance with the rules, procedures, and requirements set forth in these Rules except that there shall be no fees or costs charged to the parties for participating in the conference.
(2) A judge other than the judge presiding over the action shall conduct the mandatory settlement conference. However, all parties may stipulate in writing or on the record that provides for the judge presiding over the action to conduct the conference.
(3) When a case is ordered to a mandatory settlement conference, the clerk of the Superior Court shall notify the Presiding Judge to assign a judge, which may include himself, to preside over the conference.
(4) For purposes of Rule 16, the CNMI government does not include any autonomous agency or corporation of the CNMI government such as, but not limited to, the Commonwealth Ports Authority, CNMI Public School System, Northern Marianas College, Commonwealth Utilities Corporation, Commonwealth Health Center, Commonwealth Healthcare Corporation, Commonwealth Development Authority, Marianas Visitors Authority, and the Marianas Public Land Trust.