Rule 212.4 - Lawyer Mediation ProgramSettlement conferences in civil cases may be conducted through a court supervised "Lawyer Mediation Program."
(a) Appointment of Mediators. Lawyer mediators shall be selected at the sole discretion of the judges of the civil division.
(b) Assignment of Cases for Mediation. (1) The judge to whom a civil case has been assigned may in his or her discretion, assign a case to a lawyer mediator to conduct a settlement conference.(2) Any litigant involved in a pending civil action can request that the case be submitted to a lawyer mediator to conduct a settlement conference; however, the assignment of the case to a lawyer mediator is at the sole discretion of the trial judge. All such requests must be made on written motion submitted in accordance with rules of this court governing motions practice. In the event a case has not been listed for trial, no motion for the appointment of a lawyer mediator to conduct a settlement conference will be considered by the court except on stipulation of all parties to the action.(3) The lawyer mediator assigned to conduct the settlement conference shall be determined at the sole discretion of the trial judge.(c) Duties. It shall be the responsibility of the lawyer mediator to conduct settlement conference(s) in the case to which he or she is assigned.
(d) Notice. (1) When the trial judge assigns a case to a lawyer mediator to conduct a settlement conference, the parties will be notified by the court administrator's office of the identity and business address of the lawyer mediator. Upon notification of the appointment of the lawyer mediator it shall be the responsibility of each attorney of record to promptly contact the lawyer mediator and advise him/her of dates on which the attorney is available to attend a settlement conference. The date for the settlement conference shall be selected by the lawyer mediator based upon availability of all counsel of record. Settlement conferences conducted by the lawyer mediator will be held at a location determined by the lawyer mediator.(2) In the event a case is assigned to a lawyer mediator for settlement conference, at least seven (7) days prior to the conference, counsel shall provide the lawyer mediator with the following information:i. A copy of all pre-trial conference statements previously filed by that party.ii. A copy of all expert reports (relating to liability as well as damages) in the possession of that party and which the party intends to use at the time of trial;iii. While it is not necessary that a complete set of all medical records be provided to the lawyer mediator in advance of the pre-trial conference, any party to the action may in their discretion provide relevant portions thereof which may be of assistance to the lawyer mediator in conducting the conference and making recommendations;iv. Any other information that counsel deems important for the proper evaluation of the case including, but not limited to, any "settlement brochure", photographs, digests of relevant depositions, etc.(e) Settlement Conferences. (1) Only trial counsel shall appear at any settlement conference held before a lawyer mediator.(2) Trial counsel for each and every party to the action shall appear at the date, time and location set for settlement conference, which conference shall continue until adjourned by the lawyer mediator.(3) Trial counsel shall have their respective clients available by telephone at the time of the conference in order to actively pursue settlement.(4) No ex parte communications shall take place between the lawyer mediator and counsel for the litigants without consent of all parties to the litigation. Where a case is to be tried by jury, all offers/demands of settlement will be communicated to the trial judge unless counsel specifically request that the offers or demands not be divulged. Where a case is to be tried nonjury, demands/offers of settlement will not be communicated to the judge.(5) Within five (5) days following each settlement conference, the lawyer mediator shall submit to the court administrator's office a written report in the format approved by the court provided to the lawyer mediator by the civil court coordinator at the time of appointment, which report shall identify the parties to the litigation, their counsel, whether any attorney failed to appear, offers/demands of settlement (except as provided in (e) (4) above), recommendations of the lawyer mediator, whether the case settled and/or the possibility of settlement, and whether additional involvement of the lawyer mediator is necessary to effectuate settlement.(f) Failure to Act in Good Faith. Failure to abide by these rules or to refuse to act in good faith with regard to settlement conferences may result in sanctions by the court.
Amended effective 1/1/2020; amended effective 7/1/2023.