20.03 Appointment of the Mediator and Scheduling of Mediation Session


(a) Appointment of the Mediator

1. Within twenty-one days after entry of the Order of Referral, the parties shall, if they are able to reach agreement on a mediator, file with the Court a stipulation designating the mediator. A mediator selected by the parties need not be on the court-certified list of mediators.

2. If the parties cannot agree upon a mediator, the parties shall, at the court appearance on the twenty-first day following the date of entry of the Order of Referral, inform the court of their failure to reach agreement. The Court shall then appoint or assist in the appointment of a court-certified mediator from the list of court-certified mediators.

3. Neither participation in any training program nor inclusion in the Court’s list of certified mediators guarantees the selection of any person as a mediator for any case.

(b) Compensation of the Mediator

Unless otherwise agreed in writing by and between the parties and the mediator, the mediator shall be compensated by the parties at the rate of $250.00 per hour. In the event that a person appointed by the Court or appointed with the Court’s assistance as the mediator refuses to accept an appointment at the rate of $250.00 an hour, the Court will appoint or assist in the appointment of an alternate court-certified mediator from the list of court-certified mediators who is willing to accept that rate.

Unless otherwise agreed by the parties or ordered by the Court upon good cause shown, each party shall pay a proportionate share of the total charges of the mediator.

(c) Scheduling of Initial Mediation Session

Unless otherwise ordered by the Court, the first mediation session shall be held within eight (8) weeks of the date of entry of the Order of Referral. When the date, time and place of the initial mediation session have been agreed upon, the mediator shall send written confirmation of the date, time and place to all parties as well as of any other requirements of the mediation.

At least ten (10) days before the session, each side shall present to the mediator a brief, written summary of the case containing a list of issues as to each party, unless the mediator has requested a different procedure to be followed. If the attorney filing the summary wishes its contents to remain confidential she/he should advise the mediator in writing at the same time the summary is delivered to the mediator. The summary shall include the facts of the occurrence, opinions on liability, all damage and injury information, and any offers or demands regarding settlement. Names of all participants and their relationship to the parties in the mediation shall be disclosed to the mediator in the summary prior to the session.

Mediation shall be completed within seven (7) weeks of the first mediation session unless extended by order of the court or by stipulation of the parties.

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