RULE 6. MEDIATION PROCESS

  1. Commencement:    At or prior to the initial session, the mediator shall, with the assistance of counsel:


    1. Determine the issues to be mediated. At least twenty-one (21) days prior to the initial mediation session, counsel for each party shall submit to the mediator and opposing counsel a brief written summary or statement of the pending financial issues. Financial Affidavits, Statement of Assets and Liabilities and other relevant financial information shall be submitted to the Mediator. If a Pre-Trial Memorandum was previously prepared, then copies of the same shall be submitted to the Mediator. In addition, the parties shall provide any additional documentation requested by the mediator.


    2. Explain that no legal advice will be provided by the mediator;


    3. Disclose the nature and extent of any existing relationships with the parties or their attorneys and any personal, financial, or other interests that could result in bias or conflict of interest on the part of the mediator;


    4. Inform the parties that:


      1. Mediation can be suspended or terminated at the request of either party, counsel for either party or in the discretion of the mediator as outlined in Rule 6 (A)(4)(b);


      2. The mediator may suspend or terminate the mediation if an impairment exists, if either party is acting in bad faith or appears not to understand the negotiation, or the prospects of achieving a responsible agreement appear unlikely;


    5. Explain that the mediation process is confidential as outlined in Rule 8;


    6. Confirm the parties’ and their attorneys’ understanding regarding the fee for services and any reduced fee arrangements for eligible parties with financial hardship; and


    7. Reach an understanding with the parties and their attorneys as to whether the mediator may communicate with either party or their legal counsel or with other persons to discuss the issues in mediation in the absence of the parties. Any separate communication which does occur shall be disclosed to the parties at the first opportunity.


    8. Advise each party that his or her legal counsel shall be present during any mediation sessions.


  2. Co-mediation or Shuttle Mediation:   Co-mediation or Shuttle Mediation may be utilized as deemed appropriate by the mediator.