5th Circuit: Differentiated CM Order of Referral to Mediation — deadlines
Summary
Circuit form order referring civil cases to mediation: notice of mediation due within 30 days of the referral; in cases over $15,000 the parties must attempt to agree on a private mediator within 30 days and report failure by day 45; mediation summaries due to the mediator one week before mediation.
Requirement
From the posted referral order (hashed PDF): (1) file a Notice of Mediation identifying mediator, date, time and place within 30 days of the referral order; (2) for matters exceeding $15,000, parties must attempt to agree on a certified private mediator within 30 days and, failing agreement, report within 45 days so the court may appoint; (3) confidential mediation summaries are provided to the mediator at least one week before the session. Check the assigned judge's own DACMS supplements for judge-specific mediation variations.
Source of truth
- Source health
- Healthy · checked July 21, 2026
- Effective date
- —
- Last verified
- July 19, 2026fable5-livefetch-2026-07-20
Reviewer note: Form fetched + hashed 2026-07-20. Deadlines normalized from the form text.
Related rules
Mediation Before Every Special-Set Hearing — Division AE
Judge Shull requires ALL motions set for special-set hearing to go to mediation before the hearing is held.
No Temporary-Relief Hearing Until Mediation on That Relief — Division FY
Judge Burkhart will not schedule a temporary-relief hearing until mediation has been held ON the temporary relief sought — mediation first, hearing second.
Every Case Goes to Mediation; Special Magistrates Encouraged for Speed — Division CV-G
Judge Sharrit refers ALL cases to mediation (exceptions only by leave) and openly encourages Special Magistrates under Rule 1.490(b) to beat the hearing-time bottleneck.
Skip Pre-Trial Mediation and the Case Is Stricken From the Trial Docket — Division FC
Judge Miller mandates pre-trial mediation after every Order Setting Trial — regardless of any earlier mediation — on pain of striking from the trial docket and sanctions up to dismissal without further notice or hearing.