RULE 3. FINANCIAL MEDIATION PILOT PROGRAM

  1. Mission Statement:   To create a pilot project to assist willing parties by involving them and their counsel in the resolution of financial issues through a financially focused mediation process. The purpose is to accelerate the resolution of those issues in dissolution cases on a voluntary basis through mediation with the cooperation and assistance of the parties, their attorneys, and mediators specifically trained for the purpose of this project.
  2. Matters Subject to Mediation.   A pilot program has been initiated to mediate property and financial issues. The designated family division judge may order mediation upon agreement of the parties (pursuant to the Court-Approved Order form) of any property issue in any action not otherwise determined to be ineligible pursuant to this program. The parties may not proceed to a judicial hearing on contested issues in that case without leave of court, or until the mediation process has been concluded and its outcome has been reported to the court. (See Appendix A for the Court-Approved Order form.)
  3. Commencement of Mediation.   The mediation process shall commence as soon as the Court determines it is appropriate. The designated family division judge shall be advised by counsel and/or the parties concerning:
    1. Impairment of the parties as defined in Rule 1 (B).


    2. Other circumstances exist which would unreasonably interfere with mediation.


    3. Mediation shall not be required if the court determines, upon motion of a party, that a case is ineligible for mediation. Said motion shall be supported by affidavit setting forth specific facts detailing why mediation would be inappropriate.
  4. Discovery.   Discovery may continue throughout the mediation.