1. The Judge may, by appropriate order, refer the case to mediation with or without the consent of the parties. Cases shall be referred to a Court approved mediator.

2. Any party may move to enter an order disqualifying the mediator for good cause. If the Court rules that a mediator is disqualified from mediating the case, an order shall be entered setting forth the name of a qualified replacement. Nothing in this provision shall preclude mediators from disqualifying themselves or refusing any assignment. The time for mediation shall be tolled during any periods in which a motion to disqualify is pending.

3. Referral of case to mediation shall not operate as a stay of discovery proceedings unless otherwise ordered by the Court or agreed to in writing by the parties.

1. The parties shall contact the mediator within five (5) days from the entry of the order to schedule a mediation conference, which shall be held within thirty (30) days from the entry of the order, unless extended with leave of court which shall be granted for good cause shown.

2. The parties shall attend a mediation conference(s). Counsel may also be present. Such a conference shall be conducted by the mediator to consider the possibility of settlement, the simplification of the issues and any other matters which the mediator and the parties determine may aid in the handling or the disposition of the proceedings.

3. The mediator may schedule such sessions as are necessary to complete the process, and the mediation shall continue until the parties have reached a settlement, until they are unwilling to proceed further, or until the mediator determines that further efforts would be futile.

4. If a party fails to appear at a duly noticed mediation conference without good cause, the Court, upon motion shall impose sanctions, which may include an award of attorney fees and other costs against the party failing to appear. If a party to mediation is a public entity, that party shall be deemed to appear at a mediation conference 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 of the entity. In all other cases, unless stipulated by the parties, a party is deemed to appear at a mediation conference if the following persons are physically present or immediately available by telephone:

5. The mediator may request that the parties bring documents or witnesses, including expert witnesses, to the sessions, but has no authority to order such production.

1. Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be disclosed. They are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding.

2. No part of the mediation proceedings shall be considered a public record.

3. There is no confidentiality and no restriction on disclosure under this rule to the extent that:

4. Nothing in this rule shall be constructed so as to permit an individual to obtain immunity from prosecution for criminal conduct.

1. The mediator shall notify the Court promptly when a case is not accepted for mediation.

2. At any time after a case has been accepted, the mediator may refer it back to the Court for good cause, which shall be in writing.

3. If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

4. If some, but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or in any other matter, the parties shall submit a joint statement to the court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within 10 days of the termination of mediation. Unsettled cases shall then be returned to the Court's active docket.

5. At the conclusion of the cases accepted for mediation, the mediator will report to the Court the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court without comment or recommendation. With the consent of the parties, the mediator's report may also identify any pending motions, outstanding legal issues, discovery process or other action by any party which, if resolved or completed, would facilitate settlement.

1. Except as provided in paragraph two herein, the fee paid to the Mediator selected by the court under Local Rule No. 12, will not exceed the sum of one thousand dollars ($1,000.00), unless a larger sum is agreed to by all of the parties in the case.

2. In the event that the case referred to mediation is extraordinary in terms of its complexity by reason of the particular factual circumstances, legal issues or number of parties involved, the Circuit Court may authorize an increase in the fee awarded to the Mediator, however, prior to the conducting of the mediation session, the Circuit Court shall establish the maximum amount of the increased fee and then notify all parties of the same and allow said parties an opportunity to contest said increase in fee.