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The new rules, which took effect on Feb. 1, 2022, give courts the authority to refer all or part of a civil case to mediation and to appoint a mediator ? a neutral third party who helps settle some or all of the contested issues.
1. Unless otherwise ordered by the court or explicitly agreed to by the parties, the parties and their counsel, if any, shall attend the mediation conference.
Don't use profanity: Avoid profanities because they can offend the other party. If the other party finds your language offensive, it could damage your relationship, making it challenging to resolve. Therefore, you should never use derogatory language during mediation.
After mediation ends, your attorney will file documents with the court, if necessary, and prepare a settlement agreement for review by both parties. A mediation agreement is legally binding, so you must follow through with agreed actions, like transferring assets, delivering titles, etc.
Answer: Private mediators generally charge $125 - $200 per hour. Sometimes court staff or volunteer mediators are available to mediate at no cost to the parties.
The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.
Rule 45.01. Subpoenas shall not be used for any purpose except to command the attendance of the witness and production of documentary or other tangible evidence at a deposition, hearing or trial. Upon order of the Court, with the agreement of the parties, documents may be produced without a deposition.