Please note Exhibit B, a list of proposed third parties to serve as Mediator. Movant requests the appointment either on this Motion or sua sponte on the Court's own Motion, with or without hearing, as provided for by law. This case is appropriate for mediation pursuant to law. Mediation is a mandatory but non-binding settlement conference, conducted with the assistance of the Mediator.
Mediation is private, confidential and privileged from process and discovery.
After mediation, the Court will be advised by the Mediator, parties and counsel, only that the case did or did not settle. The Mediator shall not be a witness nor may the Mediator's records be subpoenaed or used as evidence. No subpoenas, citations, writs, or other process shall be served at or near the location of any mediation session, upon any person entering, leaving of attending any mediation session. Fees for the mediation are to be divided and borne equally by the parties unless agreed otherwise, shall be paid by the parties directly to the Mediator prior to the beginning of the session, and shall be taxed as costs. The Mediator may report same to the District Clerk for the purposes of assessing costs.