Some mediators offer evaluations of the case, but no dispositive decisions are given. Sessions lasting for more than one day occasionally occur, and the entire process is confidential. The mediator's fee is paid by the parties. Number of cases. Case selection Eligibility of cases.
All civil cases are eligible for referral to mediation.
The most common referrals are contract, tort, civil rights, and labor cases. The only cases routinely not referred to mediation are those involving the United States or prisoners as parties. Before the initial scheduling conference in the case, counsel must discuss the appropriateness of ADR with their clients and opposing counsel. At the first conference, the parties must advise the court of the results of their discussion. At that time, and in subsequent conferences if necessary, the court will explore with the parties the possibility of using one of the court's ADR programs.