The program became operational on October 17, 1994. Most civil case types are eligible for referral to mediation, which may be ordered sua sponte by the judge, at the request of one party, or on stipulation of all parties. Any civil action may be referred to mediation, but the court generally will not select cases that are typically resolved without a hearing. Number of cases. Case selection Eligibility of cases.
Most civil cases are eligible for referral to mediation.
Cases that may also be considered unsuitable include those involving substantial issues of public policy, multiple parties, or esoteric or unsettled legal issues. Cases may be referred to mediation by the court on its own motion, on the motion of any party, or by stipulation of the parties. The court enters an order of referral, which includes a maximum number of days in which the parties must conclude the ADR process. Opt-out or removal. The mediator may terminate the mediation session if the case seems inappropriate for mediation.