Referral to mediation requires consent of all the parties. Usually the process originates with the parties, although district and magistrate judges or court staff also may suggest mediation at a pretrial conference. Opt-out or removal. No opt-out or removal procedure is necessary, as referrals are always by party choice. A referral to mediation may occur at the initial scheduling conference, after discovery has been completed, or at any other appropriate time.
Discretion lies with the attorney-mediator whether and when to request written submissions.
Usually each side gives the mediator a confidential settlement statement. Mediation sessions are arranged by the mediator and are held at the mediator's office. Number and length of sessions. Mediation sessions last two to four hours. Typically one or two sessions will suffice, but many mediators schedule multiple conferences until the case is settled or an impasse is reached.