A. Private citizens who wish to obtain criminal process or otherwise register a complaint within Boone County shall provide any person authorized to take criminal complaints with a written and sworn affidavit for a criminal complaint.

B. The County Attorney and his assistants shall screen all affidavits and determine whether the dispute is appropriate for submission to the mediation program. If the parties agree mediation is appropriate no criminal process shall be issued.

C. The affidavit shall be forwarded to the mediation officer(s) who shall be responsible for explaining the mediation process to the complainant and notifying the respondent of the date, time and location of the mediation hearing.

D. The mediation hearing shall be informal and shall not be legally binding or enforceable. Records of the hearing procedures and statement made during the hearing shall be privileged and shall not be admissible or discoverable for any purpose. However, the record and accumulated data respecting the mediation program may be utilized for the purpose of monitoring and evaluating the program.

E. The informal and voluntary nature of mediation hearings limits the scope of the hearing officer's authority to establish non-binding agreements between the disputants. The role and function of the hearing officer is such that he/she is not an officer of the court, is not authorized to issue process and is not acting as or performing the duties of judge.

F. If either the complainant or the respondent is dissatisfied with the results of the mediation hearing, or if either party refuses to submit to a voluntary settlement agreement, or if the agreement is subsequently unfulfilled, the hearing officer will refer the complainant to the County Attorney's office with the affidavit for consideration of issuance of a criminal complaint.

G. Any agreement accomplished between the parties is voluntary. Compliance with the agreement is not legally enforceable by either party, the mediation program or the courts. Relief for non-compliance with the mediation agreement is effected only through initiation of court process as described in rule F above.

H. All records of the mediation program shall be privileged and exempt from subpoena and will be deemed confidential except for the program staff and the Chief District Judge for purposes of program review and supervision and will be released to no other person or agency without the written consent of the parties to the dispute or as provided in paragraph D above.

I. Restitution Authorized in Appropriate Circumstances. Restitution is considered appropriate and permissible in circumstances wherein the complainant and respondent voluntarily agree that restitution is applicable and further agree to the amount and schedule of payment. The hearing officer will be particularly alert to prevent abuse of the restitution option by either participant.

J. Community Service Work Alternative. In circumstances wherein restitution is appropriate and voluntarily agreed upon by both parties but where indigence prevents payment of restitution, community service work is an appropriate alternative to restitution. Community service work may be a part of any mediation agreement when appropriate and voluntarily agreed upon by both parties.

K. The policies and procedures controlling the Boone County Mediation Program will be formalized through the issuance of these court rules, court rules promulgated by the Supreme Court, and through day-to-day review of the program by the County Attorney and the Chief District Judge. Procedures will not be adopted to be implemented unless submitted by the Chief District Judge and approved by the Chief Justice.