(a) Selection by Agreement. The parties are encouraged to select their own
mediator by agreement. If, within 21 days of the initial pretrial order, the parties file a
notice identifying an agreed-upon mediator, such notice shall be effective to select the
mediator, and the clerk will notify the mediator of his or her selection. The parties may
select an agreed-upon mediator who is not on the clerk's list of certified mediators, but
any such mediator must, prior to service, agree to be bound by all provisions of these
rules.
(b) Selection by the Clerk. If no timely statement pursuant to section (a) of
this rule is submitted, the clerk shall appoint a mediator from the certified list. The
appointment is within the discretion of the clerk, who may consider subject matter
expertise in making the appointment. The clerk shall give notice of the appointment to
the mediator and the parties.
(c) Disqualification. On motion made to the Court not later than 21 days
before a scheduled mediated settlement conference, a mediator may be disqualified by
the Court for bias or prejudice as provided in 28 U.S.C. §§144. Further, a mediator shall
disqualify himself or herself if the mediator could be required to do so under 28 U.S.C.
§§455 if he or she were a justice, judge, or magistrate judge.
(d) Copies of the Pleadings. On request of the mediator, the clerk shall
furnish to the mediator a copy of the complaint, answer, and any third-party pleadings in
the action.
