Rule text
A. Purpose. The purpose of mediation programs in the magistrate courts is the early, efficient, cost-effective, and informal resolution of disputes.
B. Administration. Mediation shall be administered by a court. Mediators shall be volunteers who have been certified by the Administrative Office of the Courts as qualified to conduct mediations in the magistrate courts.
C. Order required. All referrals to mediation require a written court order. When the court orders mediation, notice shall be provided and the parties shall appear and mediate in good faith. Nothing in the rules governing the mediation programs shall be construed to require settlement. Nothing in the rules governing the mediation programs shall be construed to discourage or prohibit parties from stipulating to private alternative dispute resolution.
D. Immunity. Persons certified by the Administrative Office of the Courts to serve as mediators under these rules are appointed to serve as arms of the court and as such are immune from liability for conduct within the scope of their appointment.
E. Confidentiality. Mediation proceedings shall be held in private and shall be confidential as provided by law.
F. Report to the court. No report of the content of mediation shall be made to the court. The mediator shall inform the court by written report of the result of the mediation session. If the mediation process is successful, the mediator shall reduce the agreement to writing on a form to be signed by the parties.
G. Costs. If a party fails to appear as ordered by the court for mediation, and the other party or parties appear, the court may, after a hearing, assess costs against a party who fails to appear as ordered for a mediation to reimburse the party or parties who did appear for attorney fees or lost wages.
[Approved by Supreme Court Order No. 07-8300-034, effective January 22, 2008; as amended by Supreme Court Order No. S-1-RCR-2024-00101, effective for all cases pending or filed on or after December 31, 2024.]
Notes
Committee commentary. -- The committee feels that mandatory attendance at mediation serves the same purpose as mandatory attendance at a pretrial conference and will serve to encourage voluntary settlement.
ANNOTATIONS
The 2024 amendment, approved by Supreme Court Order No. S-1-RCR-2024-00101, effective December 31, 2024, removed a provision requiring mediators to be approved by the local presiding judge; and in Paragraph B, removed the subparagraph headings, and after "magistrate courts", deleted "and approved by the local presiding judge".