Order of Referral
Order of Referral for Mediation
This case is appropriate for mediation pursuant to agreement of the parties in the Motion for Referral to Mediation filed ___________________, 19 ___. It is, therefore, ORDERED that this cause should be and is hereby REFERRED FOR MEDIATION on or before _________________, 19 ___. All proceedings in this cause, including discovery, shall be stayed pending the final outcome of the mediation. It is further ORDERED that the parties shall agree on an impartial mediator within 10 days of the date of this order. If the parties are unable to agree on an impartial mediator, the court will appoint one at either party’s request.
Mediation is a mandatory but non-binding settlement conference, conducted with the assistance of a 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 nor did not settle. The mediator shall not be a witness nor may the mediator’s records be subpoenaed or used as evidence.
Fees for the mediation are to be divided and borne equally by the parties unless agreed otherwise, and shall be paid by the parties directly to Mediator, and shall be taxed as costs. Each party and its counsel shall be bound by the Rules for Mediation, attached as Exhibit A hereto, and shall complete such information forms as are furnished by Mediator.
Named parties shall be present during the entire mediation process and each corporate party must be represented by an executive officer with authority to negotiate a settlement. If approved of an insurance carrier will be required in order to effectuate a final settlement, then a representative of that carrier shall be present at the mediation proceedings.
No subpoenas, summonses, citations, 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. Counsel and parties shall proceed in a good faith effort to resolve this case and shall agree upon a mediation date on or before _______________, 19 ___. If no agreed date can be scheduled on or before _____________, 19 ___, then Mediator shall select a date on or before _______________, 19 ___, and all parties shall appear as directed by Mediator.
The parties shall notify the Court, in writing, regarding the outcome of mediation immediately upon conclusion of the mediation proceedings. If the parties’ differences are resolved by mediation, an agreed motion to dismiss signed by counsel for all parties shall be filed no later than _________________, 19 ____. If mediation does not resolve the claims in this cause, then Plaintiff shall file a motion to lift stay no later than 7 days after the conclusion of the mediation proceedings. In the motion to lift the stay, Plaintiff shall specifically request any modification to the current scheduling order deemed necessary as a result of the stay of all proceedings for mediation.
A mediation evaluation form has been attached as Exhibit B to this order. Counsel for all parties are encouraged, but not required, to complete the evaluation form after the conclusion of the mediation proceedings and return the form to the Court.
Failure to comply timely with this order will result in the appropriate sanctions, including entry of dismissal or default judgment without further notice.
SO ORDERED.
SIGNED this _____ day of _____________________, 19 ____.
_______________________________ Judge
© 1996 The Mediation Center, Inc.
