of the court’s order referring the case to mediation, and no later than forty-five (45) days before the assigned trial term. The Mediator may direct the parties to submit case memoranda or information relevant to the case in advance of the scheduled Mediation.
Upon request made, at least ten (10) days before the date of the mediation, the mediation may be continued one time by agreement of all counsel. The counsel or party requesting the continuance shall give written notice of such continuance to the mediator. The mediator shall reschedule the case to be heard within forty-five (45) days, with notice of hearing to be provided to all counsel and the court. In the event that the parties cannot agree to a continuance more than ten days prior to the scheduled mediation date a motion for continuance must be made to and ruled upon by the court. If the case is continued by the court, the mediator shall reschedule the mediation in accordance with the court's order granting the continuance.
(1) All named parties and their counsel are required to attend the mediation in person unless excused under subparagraph (4) below. A party other than a natural person (e.g. a corporation or an association) satisfies this attendance requirement if represented by a decision maker(s) (other than outside counsel) who has full settlement authority and is knowledgeable about the facts of the case. A unit or agency of government satisfies this attendance requirement if represented by a person who has, to the greatest extent feasible, full settlement authority, and is knowledgeable about the facts of the case, the government unit's position, and the procedures and policies under which the government unit decides whether to accept proposed settlements. If the action is brought by the government on behalf of one or more individuals, at least one such individual also must attend. Any party who fails to have physically in attendance the necessary decision maker(s) will be subject to sanctions.
Each represented party must be accompanied at the mediation by the lawyer who will be primarily responsible for handling the trial of the matter.
Insurer representatives are required to attend in person unless excused under subparagraph (4) below, if their agreement would be necessary to achieve a settlement.
A person who is required to attend mediation may be excused from attending in person only after a showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. A person seeking to be excused must file a motion with the court no fewer than ten (10) days before the date set for the mediation, simultaneously copying all counsel and the mediator.
A person excused from appearing in person at mediation must be available to participate by video conferencing or telephone if video conferencing is unavailable.
Every party which agrees to or is ordered to undergo the mediation process must do so in good faith. Any party who fails to attempt the mediation process in good faith may be subject to sanctions.
(1) The mediation must be informal and employ a facilitative method. The mediator may hold separate, private caucuses with each side or each lawyer or, if the parties agree, with the parties only. The mediator may not disclose communications made during the caucus to another party or counsel without the consent of the party who made the communication.
Unless stipulated in writing by all parties and the mediator, or except as required by law or