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Home < Case Processing < Mediation < Frequently Asked Questions - Mediation
Who selects the mediator?How does the process begin?
What else is required of the parties prior to mediation?
How long will the mediation last?
Where are the sessions held?
Who bears the cost for the mediation?
Is the mediation binding on the parties?
Q: Who selects the mediator?
If the parties choose court sponsored mediation, the parties select the mediator from the court's list of approved mediators. In making this selection, the parties may consider the mediator's background and experience, areas of legal concentration and fee. The complete list of court approved mediators is available on the court's website. If mediation is court ordered, then the mediator is selected by the court.
Parties who do not wish to use a member of the court's mediation panel may agree to select a mediator from a private ADR firm or any other source external to the court that is mutually agreeable to the parties.
Q: How does the process begin?
If the parties desire court sponsored mediation, they typically make this election in their Discovery Plan or in a Joint Mediation Statement. The parties shall within 48 hours conventionally file a list of five (5) possible mediators from the court's approved list in descending order of preference. The court will then issue an order appointing a mediator and will set a date by which the mediation must be held. The mediator will schedule the mediation in consultation with the parties and court personnel.
Q: What else is required of the parties prior to mediation?
Five (5) calendar days before the mediation, the parties shall exchange and deliver to the mediator a Mediation Conference Statement. The parties shall also submit a Mediation Conference Statement Confidential Addendum only/directly to the mediator.
Q: How long will the mediation last?
Mediations are usually scheduled for 9 a.m. There is no set limit for how long or short the session will be; it depends on the mediator, the willingness of the parties, and the time needed to reach a resolution or resolve an impasse. However, it is advisable to block off the entire day for the session. Some sessions have lasted as long as 15 hours.
Q: Where are the sessions held?
Sessions are held either in the Rudman Courthouse or in the mediator's office. Sessions are not held, barring extenuating rare circumstances, in the offices of one of the parties in order to promote neutrality, fairness, and evenhandedness.
Q: Who bears the cost for the mediation?
Pursuant to the court's Mediation Guidelines, the mediators set their hourly rate for services. Thus, unless appointed by the court to provide pro bono service, the mediators are compensated at their published rate, which shall be divided equally between/among the parties.
Q: Is the mediation binding on the parties?
Yes and No. The mediator has no coercive power over the parties. All have different styles: some are more evaluative of the parties positions, preferring to actively guide the parties to a settlement; others are more passive, serving only as facilitators for joint problem solving and dialogue. But no mediator can force the parties to take a certain position or accept a proposed settlement.
However, any agreement reached by the parties during the mediation session must be memorialized in writing before leaving the session. Such agreements are binding on the parties. They are as legally enforceable as any other contract the parties may freely enter in to. In this respect, the mediation is binding.
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