RULE 4. REFERRAL ASSIGNMENT PROCEDURE

1. Upon the Court’s order for the parties to participate in mediation, a mediator may be selected by agreement of the parties and their attorneys from the list of qualified mediators maintained by the presiding judge of the domestic relations division. Absent an agreement, the trial judge shall select the mediator and assign the mediator a status date on the issue of progress of the mediation. The mediators shall be compensated by the parties at the rate agreed to by the parties and the mediator, which shall be paid to the mediator prior to the commencement of the first mediation session and shall be divided equally unless otherwise ordered or agreed.



1. The Court shall designate in its order what percentage of the mediation fee should be paid by the party and/or whether the case should be considered a reduced fee or pro bono case.



2. The attorneys shall encourage the parties to mediate in good faith. The parties shall participate in mediation in good faith.



3. On or before the status date, for parties who are participating in mediation, the mediator shall submit a report to the court and the parties’ legal counsel, which shall include the information required by Rule 9. (See Appendix C for the mediator’s report form).



4. The parties shall contact the mediator within seven (7) days after the referral order is signed for the purpose of setting an appointment.



2. Conflict of Interest




1. If the mediator appointed has or had any possible conflict of interest, including but not limited, to a current or previous therapeutic, personal or economic relationship with mother, father, child, sibling, step-parent, grandparent, household member, counsel or anyone else directly involved in the case, he or she shall decline the appointment or disclose that relationship to the attorneys and may be removed for that reason. If there is a conflict, the parties may select or the court shall appoint another mediator.