Court Referral to Mediation
Order of Referral to Mediation
This case is appropriate for mediation pursuant to __________________________ Sections _____________ et seq. _____________________________________________ (individual or organization and phone number) is appointed Mediator in the above case and all parties are directed to contact Mediator through their counsel within 3 business days to arrange the logistics of mediation for an agreed date within the next 30 days. If no agreed date can be scheduled within the next 30 days, then the Mediator shall select a date within the next 60 days and all parties shall appear as directed by the Mediator.
Mediation is a mandatory but non-binding settlement conference, conducted with the assistance of the Mediator. Mediation is private, confidential and privileged from discovery. After mediation, the Court will be advised by the Mediator, parties and counsel, only that the case did or did not settle. The Mediator shall not be a witness nor may the Mediator’s records be subpoenaed or used as evidence. No subpoenas, citations, writs or other process shall be served at or near the location of any mediation session, upon any person entering, leaving or attending any mediation session.
Fees for the mediation are to be divided and borne equally by the parties unless agreed otherwise, shall be paid by the parties directly to the Mediator and shall be taxed as costs. All parties and their counsel will be bound by the Rules for Mediation attached hereto and shall complete the information forms as are furnished by the Mediator.
Named parties shall be present during the entire mediation process and each party which is not a natural person must be represented by an executive officer (other than in-house counsel) with authority from the party. The authority required shall be active, not simply the authority to observe the mediation proceedings, but the authority, in the discretion of the party representative, to participate, negotiate, demand or offer and bind. Insurance company or other party representativespresent with the authority just described, but less than the full amount of an adverse claim as pleaded, shall, for additional settlement authority, have immediate access to superior standing by, who will, in all probability, rely to a significant degree on the recommendation of the representative present at the mediation. Party representatives shall not be required to exercise any authority which they may be required to have under this order for the mediation.
Referral to mediation is not a substitute for trial and the case will be tried if not settled.
Any party having a reasonable basis for an objection to this referral, including an objection that another aternative dispute resolution procedure would be more appropriate, shall file a written objection as soon as possible and not later than ten days after receiving this order.
SIGNED:_______________________, 19___.
______________________________ Judge
cc: Counsel of Record; Mediator
© 1996 the mediation center, inc. REFCOURT.CIV
© 1996 The Mediation Center, Inc.
