The mediation process in both programs is confidential. Number of cases. Between September 1994, when the court's mediation program was implemented, and November 1994, approximately twenty cases were referred to mediation under the court-based program. Figures are not available for the number of cases referred to the bar association program. Case selection Eligibility of cases.
All cases are eligible for referral to mediation.
It is used most often in personal injury and contract disputes, as well as environmental, Title VII, mass torts, and other more complex cases. Any district or magistrate judge may refer a case to mediation on consent of the parties. When a referral is made to the court-based program, the magistrate judge who directs the mediation program selects a mediator and a mediation order is sent to the mediator and parties. Under the bar association's mediation process, an order is entered showing that the case is proceeding to mediation. Opt-out or removal.