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FAQ: Mediation Advocacy Program
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01. How is a case referred to mediation?
Judges and Magistrate Judges may designate civil cases for inclusion in the mediation program, and shall issue an order to that effect. Alternatively, parties may request to participate in the mediation program by preparing and executing stipulation signed by all parties.
02. How do I select a mediator?
03. What if counsel are unable to agree on a mediator?The ADR Administrator will assist parties with mediator selection when necessary. Contact the ADR Administrator at firstname.lastname@example.org for further assistance.
04. Do I need to submit a brief for the purposes of mediation?
Yes, fourteen days prior to the mediation session date, counsel must file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person.
05. Is the Mediation Binding on the Parties?
Although the parties are not bound to settle through the process of mediation–no mediator can force the parties to take a certain position or accept a proposed settlement–, the parties will be bound by any agreement they reach. These agreements must be memorialized in writing before leaving the session.
06. Where are mediations usually held?
Mediations can be held in any mutually agreed upon location (including virtually), although, to promote neutrality, meeting in one of the Eastern District courthouses or the mediator’s office is preferable to meeting in a party’s or party’s counsel’s office. The length of the mediation depends on the mediator, the parties, and the complexity of the case. Although the average time for a mediation session is between five and six hours, some last as long as fifteen hours, so it is advisable to schedule an entire day for the process.
07. How much does mediation cost?
Mediators obtained through the court annexed mediation program offer their services at a reduced rate of $600.00 for the first four hours, and $250.00 per hour for each hour thereafter. Mediators do not charge for any time spent in preparation of the mediation session.