(1) The judge may, by appropriate order, refer a case to mediation by a court approved mediator with consent of the parties.

(2) Any party may move for an order disqualifying a particular mediator for good cause. If the Court rules that a mediator is disqualified, an order shall be entered naming a qualified replacement. Mediators may disqualify themselves or refuse any assignment. The time for mediation shall be tolled during any period in which a motion to disqualify is pending.

(3) Referral to mediation shall not operate to stay discovery unless otherwise ordered by the Court or agreed to in writing by the parties.

(1) The parties shall, within five (5) days from entry of the order, contact the mediator to schedule a mediation conference. The mediation conference shall be held within thirty (30) days from entry of the order.

(2) The parties shall attend the mediation conference(s). Counsel shall also be present. The 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 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.

(5) 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 lull 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:

(6) 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 arc 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 construed 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 on 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 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.