Authority and Duties of Mediator

(1) Authority of Mediator.

(a) The mediator shall at all times be in control of the mediation and the procedures to be followed, subject to the direction of the judge.

(b) The mediation shall be virtual unless the parties have received approval for a live mediation. Any party seeking a live mediation in a district office may request same from the assigned mediator no later than 30 days before the date of the scheduled state mediation. The mediator’s decision to hold a live mediation may result in reassignment to a different mediator. Any request for non-virtual mediation in a location other than a district office shall be by motion directed to the Deputy Chief Judge.

(c) The mediator may meet and consult privately with any party or parties or their counsel during the mediation.

(d) Upon written request of any mediator, or upon a motion filed in the case and directed to the Deputy Chief Judge, the Deputy Chief Judge may reassign any mediation to accommodate conflict of interest or potential appearance of impropriety.

(2) Duties of Mediator. The mediator shall inform the parties at the beginning of the mediation conference:

(a) Of the process of mediation;

(b) That the mediator is an impartial facilitator and is there to assist the parties in reaching, not to force them to reach, a voluntary settlement;

(c) Of the differences between mediation and a final hearing before the presiding judge;

(d) If applicable, of the costs of the mediation;

(e) That the mediation process is consensual in nature, and the parties retain their right to a final hearing if they do not reach agreement;

(f) Of the privileged and confidential nature of communications made during the mediation;

(g) That any agreement reached at the mediation conference will be by mutual consent of the parties reduced to writing and may be subject to the approval of the presiding judge; and

(h) That the mediator will timely determine when mediation should end.

(3) Disclosure. The mediator has a duty to be impartial and to advise all parties of any circumstances bearing on possible bias, prejudice, or partiality.

(4) Matters Beyond Mediator’s Competence. A mediator shall decline appointment or withdraw when the mediator decides that a matter is beyond the mediator’s competence.