Presently, it has been determined that this case is appropriate for mediation to resolve this matter. The parties will confer regarding a mutually acceptable mediator, and if the parties are not able to agree on a mediator within 7 days of the date of the court order, one will be appointed.
Mediation is a mandatory, non-binding settlement conference, conducted with the assistance of a mediator. The mediation process is private, confidential and privileged from process and discovery. After this process has been completed, the court will only be informed of whether or not the case has been settled or not. The mediator will not be able to take the stand as a witness and their records cannot be subpoenaed or used as evidence.
Any and all fees for the mediation must be agreed upon by both parties and the mediator. These fees will then be equally divided by both parties, unless another arrangement has been agreed upon. Additionally, fees must be paid by the parties directly to the mediator and will be taxed as costs.
