united states district court western district of oklahoma local civil ...

# Response 1 2 3 4
45. Although I think encouraging mediation is good, I do not think it
necessary to require mediation. When the program went into effect,
many practitioners were unfamiliar with mediation. Now, most
lawyers have been involved extensively in mediation. Often, the
requirement of mediation has resulted in mediations occurring at the
X X
wrong time, and thus being unproductive. I believe it is important to
have a local rule that maintains the confidentiality of communications
during mediation.
46. Sanctions for failure to negotiate in good faith. X
47. Many expect use of mediation will only increase, as a manner of
dealing [sic] legal disputes that may be less costly and more disposed
to actual reconciliation. In that context, local rules would have at least
two positive effects: (1) uniformity of practice (and thereby
expectations), and (2) education (of the bar and the public).
48. Payment of fees; submission of mediation statements. X
49. Privilege-related issues, such as the possible disclosure and handling
of privileged documents, so as to preserve the privilege, in the event of X
litigation.
50. A brief summary of the mediation session by the mediator should be
presented to the court whether or not an agreement was reached. If
mediation is not achieved, require the parties to submit to the mediator
the specific reasons why mediation was not successful.
51. Form and content of mediation statements to be provided to mediator
by the parties.
X
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