Order Referring to Mediation
Order Referring Case to Mediation and Appointing Mediator
The Court having considered Movant’s Motion to Refer Case to Mediation and it appearing to the Court that the parties have agreed to the referral, the Court has determined that the above styled and numbered case is appropriate for referral to Mediation pursuant to the provisions of , and Rule _________ of the _____________ Rules of Civil Procedure.
It is, accordingly, ORDERED that this case be referred to Mediation before , who the Court finds to be impartial, not a party to the pending dispute, and qualified for appointment.
It is further ORDERED that the Mediation is scheduled for , at __________ o’clock ___ .m., at (or at a date, time, and place to be agreed upon by all parties and the impartial mediator). The mediator is granted the discretion to adjourn the Mediation and schedule additional sessions as necessary to facilitate resolution of this dispute. All parties are directed to attend all scheduled Mediation sessions with their respective counsel of record. Corporate parties must be represented by an agent with the authority to negotiate a binding settlement.
It is further ORDERED that the Mediator shall encourage and assist the parties in reaching settlement of their dispute but may not compel or coerce the parties to enter into a settlement agreement.
It is further ORDERED that the filing of motions, requests for discover, or other action in this case is prohibited pending completion of Mediation, unless otherwise expressly authorized by the Court.
It is further ORDERED that pursuant to , all matters, including the conduct and demeanor of the parties and their counsel during the proceedings, shall remain confidential, and shall never be disclosed to anyone, including this court, unless otherwise agreed to by the parties. The Mediator shall not be called as a witness nor may the Mediator’s records be subpoenaed or used as evidence.
It is further ORDERED that upon completion of the Mediation, the Mediator will file with the Court a Mediator’s Mediation Report which is to state when the Mediation was conducted, whether the parties and their counsel appeared as ordered, and whether a settlement resulted (or specify content of report as required by statute/rule). Such a post-mediation report is not to contain any additional information which might breach the principles of confidentiality and privacy noted herein.
It is further ORDERED that all costs of Mediation shall be divided and shared equally among all parties (or specify how costs are to be allocated), and shall be taxes as costs.
This referral is not a substitute for trial and the above entitled and numbered cause will be tried if settlement is not reached.
SIGNED this the __________ day of ____________________, 19 _____,
________________________________ Judge
cc: Counsel of Record Mediator
© 1996 The Mediation Center, Inc.
