Mediation is an informal process in which a neutral third person, called a mediator, facilitates the resolution of a dispute between two or more parties. The process is designed to help disputing parties reach an agreement on all or part of the issues in dispute. Decision-making authority remains with the parties, not the mediator. The mediator assists the parties in identifying issues, fostering joint problem-solving, and exploring settlement alternatives.

The court may refer a case or portion of a case for mediation at any time on its own motion or on motion of any party.

The mediator shall be compensated at the rate agreed upon between the mediator and the parties if the mediator is chosen by agreement. If the mediator is appointed by the court, the fee for the mediator shall be reasonable and no greater than the mediator's standard rate. Unless otherwise agreed by the parties or ordered by the court, the parties shall equally divide the mediator's fees.

8.04. Mediation Procedure

Following selection of the mediator, the mediator may set an initial mediation conference and shall set a mediation date. The mediation shall be held in Hardin County unless some other site is agreed by the parties. The mediator may meet with the parties or their counsel prior to the mediation for the purpose of establishing a procedure for the mediation. The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator believes appropriate for efficiently conducting the mediation.

The parties must attend the mediation. Counsel shall attend the mediation unless otherwise agreed by the parties and the mediator, or ordered by the court. If a party is a public entity, it shall appear by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision making body or officer of the entity. If a party is an organization other than a public entity, it shall appear by the physical presence of a representative, other than the party's counsel of record, who has full authority to settle without further consultation. If any party is insured for the claim in dispute, that party shall also be required to have its insurer present by the physical presence of a representative of the insurance carrier who is not that carrier's outside counsel; this representative must have full settlement authority. These requirements may be varied only by stipulation of the parties or by order of the court for good cause shown.

The mediator may terminate the mediation after a settlement is reached or when the mediator determines that continuation would be unproductive. After termination, mediation may resume only by agreement of the parties, their counsel and the mediator, or by order of the court.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.

If an agreement is reached during the mediation, it shall be reduced to writing and signed by the parties. The parties shall be responsible for drafting the agreement, although the mediator may assist in the drafting with consent of the parties.