Rule 2 Definitions
Rule Text
(a) “Mediation” means a process by which a neutral person or persons facilitate(s) communication between disputants to assist them in reaching a mutually acceptable agreement for the resolution of one or more of their disputes.
(b) “Family law matter” means any matter that has a case number that includes the letters “FCD” in the caption.
(c) A case becomes “at-issue” when answers have been filed as to all of the claims that have been asserted in the action, including counter-, cross-, and third-party claims.
(d) “Chief Justice” means the Chief Justice of the CNMI Supreme Court.
(e) “Initial Case Management Conference” means a conference at which the parties and the court determine how a civil action will proceed procedurally.
These Rules use Rule rather than Section for consistency with other NMI Judiciary Rules (e.g., § 1001 has become Rule 1). Mediation provides parties with a simplified and economical procedure for obtaining a prompt and equitable resolution and a greater opportunity to participate directly in resolving their disputes. Alternative dispute resolution processes can greatly benefit parties in civil actions when used early, before substantial discovery has begun and other litigation costs have been incurred. Mediation also reduces the backlog of cases burdening the courts. It is in the public interest for the courts to encourage and use mediation when appropriate.
(f) “Mediation Assessment Hearing” means a hearing at which the judge determines whether to order a civil action to mediation.
(g) “Mediation Completion Date” means a date by which the parties must have gone through mediation of a civil action that has been ordered to mediation.
(h) “Notice of Settlement” means a notice the parties must submit to the Court after mediation has resulted in settlement which reports the outcome.
(i) “Order of Mediation” means an order in which the judge compels a civil action to proceed to mediation and appoints a mediator.
(j) “Presiding Judge” means the Presiding Judge of the CNMI Superior Court.
(k) “Registry of Court-Approved Mediators” means a roster with the names and contact information of mediators approved by the CNMI Supreme Court.