Participating counsel and their clients will refrain from commenting publicly about the fact that a case is in mediation or from disclosing any information about the parties' discussions or the status of the talks to anyone who is not, directly or indirectly, a party to the negotiations. No party shall be bound by anything said or done at a mediation session unless a settlement is reached. If a settlement is reached, the agreement shall be reduced to writing and shall be binding upon all parties to the agreement. Mediators who have been selected by the Court to serve in the Appellate Mediation Program are highly experienced members of the bar who have been involved in the types of litigation that come before the Court. Mediators, who will serve without compensation, have received special training to help parties reach agreement and avoid the time, expense and uncertainty of further litigation.
Mediation is offered to parties at no cost.
Mediators may, in their discretion, call or write to private clients or to representatives of government agencies to request their attendance at mediation sessions. Any communication by the mediator with such persons must, however, be fully disclosed to the counsel of record. Mediators may communicate, in the presence of counsel, settlement offers or other appropriate information to private clients or to representatives of government agencies. If a mediator makes any oral or written suggestion as to the advisability of a change in any party's position with respect to settlement, counsel for that party shall promptly transmit the suggestion to his or her client if that client is not present at the mediation session. Such stipulation must be filed within 30 days after the settlement is reached unless a short extension is requested by the attorneys by motion.