(A) Attendance. The following persons shall attend a mediation conference in
person unless otherwise ordered by the court or agreed upon by the parties
and mediator:
(1) The mediator.
(2) All individual parties; or an officer, director, or employee having full
authority to settle the claim for a corporate party; or in the case of a
governmental agency, a representative of that agency with full
authority to negotiate on behalf of the agency and recommend
settlement to the appropriate decision-making body of the agency.
(3) The party’s counsel of record, if any.
(4) For any insured party against whom a claim is made, a representative
of the insurance carrier who is not the carrier’s outside counsel and
who has full authority to settle the claim.
(B) Identification of Matters in Dispute. The mediator may require, prior to the
scheduled mediation conference, that the parties provide brief memoranda
setting forth their positions with regard to the issues that need to be
resolved. Each memorandum should be no more than five (5) pages in
length unless permitted by the mediator. With the consent of all parties,
such memoranda may be mutually exchanged by the parties.
(C) Confidentiality. Communications during the mediation conferences shall be
confidential. The parties, their attorneys, and other persons present shall
maintain the confidentiality of the mediation and shall not rely on,
introduce, or attempt to introduce as evidence in any arbitral, judicial, or
other proceeding, any event, document, or communication relating in any
way to the mediation.
(D) Finalizing Agreement. If agreement is reached, the parties shall, before the
adjournment of the mediation, reduce the agreement to writing and sign it
along with their attorneys. If the agreement executed by the parties and
their attorneys in mediation envisions the execution of a more formal
agreement, the mediator shall assign one of the parties’ attorneys to prepare
the formal agreement and such papers to be filed with the court as may be
necessary. Such documents shall be executed by the parties within fourteen
(14) days of the date of the mediation conference. A copy shall be
forwarded to the mediator.
