(a) When the court makes a determination that referral to mediation is appropriate, it shall
issue an order referring the case to mediation, appointing the mediator, directing the mediator
to establish the date, time and place for the mediation session and setting forth the name,
address, and telephone number of the mediator. The order will also direct the mediator to fix
the date for the initial mediation session to be a date within sixty (60) days from the date of the
order of referral unless otherwise extended by the court.
(b) The mediation session shall be held before a mediator selected by the assigned judge
from the list of mediators certified by the chief judge.
(c) The clerk shall provide the mediator with a current docket sheet. The mediator shall
advise the clerk as to which documents in the case file the mediator desires copies of for the
mediation session. The clerk shall provide the mediator with all requested copies.
(d) Any continuance of the mediation session beyond the period prescribed in the referral
order must be approved by the assigned judge.
(e) A person selected as a mediator shall be disqualified for bias or prejudice as provided
by 28 U.S.C. § 144, and shall disqualify himself or herself in any action where disqualification
would be required under 28 U.S.C. § 455 if he or she were a justice, judge, or magistrate
judge. A party may assert the bias or prejudice of an assigned mediator by filing an affidavit
with the assigned judge stating that the mediator has a personal bias or prejudice. The judge
may in his or her discretion end alternative dispute resolution efforts, refer the case to another
mediator, refer the case back to the original mediator or initiate another alternative dispute
resolution mechanism.
