Parties are prohibited from using any information obtained as a result of the mediation process as a basis for any motion, other than a motion affecting the briefing or argument schedule. Documents prepared for mediation sessions are not to be filed with the clerk's office except as noted above. If a case does not settle, the director destroys all mediation files for that case. Sanctions Failure of counsel to comply with the requirements of the court's order establishing the program could result in sanctions, but sanctions with respect to conferencing have not been necessary to date. The director assigns each case in the program to a mediator, with the assignment often based on the geographic locations of counsel in the case and available mediators.
Senior judges conduct about half the mediations, with the rest conducted by the program director.
Qualifications and training Court personnel report that in selecting the program director, the court sought an attorney with extensive federal court litigation and ADR experience. The director has nearly thirty years' experience as a lawyer. In selecting cases for mediation, the director does not see files for cases in which the director's former law firm is involved. For cases for which there is any potential for conflict of interest, the program director has no contact with the case or those involved in mediating it. A judge who participates in a mediation under the program will not sit on a judicial panel that considers any aspect of the case.