(a) The mediation session shall take place as directed by the court and the assigned
mediator. The mediation session shall take place in a neutral setting designated by the
mediator. The parties shall not contact or forward documents to the mediator except as
directed by the mediator or the court.
(b) If the mediator determines that no settlement is likely to result from the mediation
session, the mediator shall terminate the session and promptly thereafter file a report with the
Clerk of Court stating that there has been compliance with the requirements of mediation in
accordance with the local rules, but that no settlement has been reached. In the event that a
settlement is achieved at the mediation session, the mediator shall file a report with the Clerk
of Court stating that a settlement has been achieved. The order of referral may direct the
mediator to file the report in a specific form.
(c) Unless stipulated in writing by all parties and the mediator or except as required by law
or otherwise ordered by the court, all discussions which occur during mediation shall remain
strictly confidential and no communication at any mediation session (including, without
limitation, any verbal, nonverbal or written communication which refers to or relates to
mediation of the pending litigation) shall be disclosed to any person not involved in the
mediation process, and no aspect of the mediation session shall be used by anyone for any
reason.
(d) No one shall have a recording or transcript made of the mediation session, including
the mediator.
(e) The mediator shall not be called to testify as to what transpired in the mediation
session.
