Rule 10 Mediation
Rule Text
A Assignment to Mediation. A party to the appeal may request mediation or the court on its own motion may assign the matter to mediation. The court will consider an appeal appropriate for mediation only where all parties agree to participate. The court will set the date and time of the mediation. Mediation will be set as soon as possible in order to reduce the financial impact of a lengthy appeal process.
B Responsibilities of Mediating Parties. A magistrate acting as mediator will ask the parties to submit position papers to the mediator. Premediation position papers are exempt from mandatory electronic filing requirements and must be filed conventionally. An individual participating in mediation, whether a party or a representative, must have authority to settle all issues. Failure to appear at a scheduled mediation may cause a party to be sanctioned.
C Confidentiality. In general, statements made during mediation are confidential. If a state agency is a party to the mediation, statements may only be confidential to the extent provided by statute or agency rules. Statements of fact(s) already known, or of matters that are independently discoverable, for example, matters of public record, are not treated as confidential. A magistrate acting as a mediator will not serve as the trial magistrate in that same appeal.