Rule 19 Conduct of Mediation
Rule Text
(a) Mediation Procedure. When the order for mediation is issued, the parties shall contact the mediator and determine the schedule and who should attend the mediation, establish mediation procedures, and do all things reasonably necessary to ensure that the mediation is completed by the mediation completion date.
(b) Mediation Statement. Mediation statements shall be submitted to the mediator not less than 5 calendar days prior to the mediation or as determined by the mediator. The statement shall include:
(1) an identification of the parties and their counsel;
(2) an identification of all persons with authority to make settlement decisions;
(3) an identification of all persons who will attend the mediation;
(4) an identification of all persons connected with an opposing party whose presence at the mediation might substantially improve the utility of the mediation or the prospects of settlement;
(5) copies of relevant documents that are necessary or essential for proceeding with a meaningful mediation; and
(6) a description of the litigation, a discussion of the issues pertaining to liability, a discussion of the issues pertaining to the damages claimed, a description of any prior settlement negotiations and any other information that is necessary or essential for proceeding with a meaningful mediation.
(c) Confidentiality. Confidential information disclosed in mediation shall not be communicated to the court unless all parties consent in writing or on the court record.
(d) Mediation Disclosure.
(1) No writing by the mediator shall be disclosed to the parties or anyone unless the mediator and the parties’ consent.
(2) All information disclosed, party admissions made, and documents produced in mediation shall not be admissible in any proceeding except as permitted by law.
(3) The mediator has a duty to disclose to the proper authorities information obtained during mediation that the mediator reasonably believes will prevent a participant from committing an illegal act that is likely to result in death or serious injury.
(4) No mediator may be compelled to testify as a witness or participate in any hearing or trial of the mediated matter.
(e) Mediation Attendance. All parties, their representatives, insurers, and all other persons from whom settlement authority is required shall personally attend the mediation, unless excused by the mediator or the court based upon a showing of good cause, and shall arrive at the mediation in a timely manner.
(f) Mediation Participation. All parties, their representatives, and counsel shall participate in the mediation in good faith and exert their best efforts to facilitate a resolution of the issues in dispute.
(g) Video Conferencing. Any mediation may be conducted by way of video conferencing.