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(b) Required Attendance. Unless otherwise directed by the designated mediator, the following shall attend any mediation ordered by the Court: (1) Named Parties. Each named party shall attend the mediation, regardless of the availability of insurance. If any party is not a natural person, a representative of that party with knowledge of the relevant facts shall attend the mediation. (2) Governmental Body. If approval by a Governmental Body is required by law to authorize settlement, attendance of at least one current member of the Governmental Body is required. “Governmental Body” as used in this subsection (b)(2) means a governmental board of directors, trustees, commissioners, managers, or other similar officers. (3) Insurers and/or Subrogors. Insurers and/or subrogors of any party shall attend the mediation. Counsel for any such party is responsible for notifying the insurer and/or subrogor of this requirement. (4) Lead Trial Counsel. Lead trial counsel for each named party shall attend the mediation. (c) Required Settlement Authority. Unless otherwise directed by the designated mediator, each party must attend a court-ordered mediation with full settlement authority. (1) Definition of “Full Settlement Authority” for the Plaintiff. For a plaintiff, such representative must have final settlement authority, in the representative’s discretion, to authorize dismissal of the case with prejudice or to accept a settlement amount down to the defendant’s last offer. (2) Definition of “Full Settlement Authority” for the Defendant. For a defendant, the term “full settlement authority” requires the defendant to have final settlement authority to commit the party to pay, in the representative’s discretion, 7
an amount up to the plaintiff’s prayer or up to the plaintiff’s last demand, whichever is lower. (d) Mediation Statements. Unless otherwise directed by the designated mediator in a court-ordered mediation: (1) each party shall submit a mediation statement to the assigned mediator and serve counsel for all other parties at least three business days before the mediation, and (2) the statement shall not exceed five pages double-spaced and shall set forth the relevant positions of the parties concerning factual issues, legal issues, and relief requested. (e) (f) (g) Mediator Report. Unless otherwise ordered, the parties shall ensure the filing of the mediator’s report in a court-ordered mediation. The filing shall be on the form approved by the Court no later than five business days after completion of the mediation. Confidentiality. All communications made in connection with a court-ordered mediation, other than as stated below, shall be considered confidential. Unless otherwise permitted under Fed. R. Evid. 408 or any other provision of federal law, communications made in connection with a court-ordered mediation may not be used by any party in the trial of the case. Any motion by counsel or reports by the designated mediator, including those concerning noncompliance with the local rules, shall not violate confidentiality. Sanctions. In a court-ordered mediation, failure to comply with any provision of this Rule may result in the imposition of sanctions. B. Reason for the Change The proposed amendments resemble the 2003 changes to the local civil rule on settlement conferences (LCvR 16.2). For mediations that are ordered by the Court, the amendments would: ! add a definition of “full settlement authority,” ! authorize waiver of certain requirements by the mediator, and ! require the filing of a mediator’s report. 8
Page 1 and 2: UNITED STATES DISTRICT COURT WESTER
Page 3 and 4: B. Reason for the Change...........
Page 5 and 6: 3. LCvR 16.1(a)(1) Rule of Civil Pr
Page 7 and 8: 4. LCvR 16.1(b)(2) A. The Proposed
Page 9: 7. LCvR 16.3 provisions involving s
Page 13 and 14: LOCAL CIVIL RULES SURVEY REPORT JUN
Page 15 and 16: Analysis of Results Received from A
Page 17 and 18: Analysis of Responses Received From
Page 19 and 20: Analysis of Responses Received From
Page 21 and 22: # Response 1 2 3 4 8. Early mediati
Page 23 and 24: # Response 1 2 3 4 36. I believe me
Page 25 and 26: 8. LCvR 55.1 A. The Proposed Change
Page 27 and 28: Third, the local rule requires an i
Page 29 and 30: of an individual judge to refer a m
Page 31 and 32: To the extent the parties have made
Page 33 and 34: 5. APPLICABILITY OF FED. R. CIV. P.
Page 35 and 36: Submitted this ______ day of ______
Page 37 and 38: Lastly, as in Paragraph “8(D),”
Page 39 and 40: *The listing of witnesses and exhib
Page 41 and 42: B. Reason for the Change The Commit
Page 43 and 44: 6. EXHIBITS. The following exclusio
Page 45: B. Reason for the Change The Commit

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