Thursday, May 20, 2021 11:13:20 PM
Concluding Mediation
Quote:
At the close of mediation, the mediator and the parties shall jointly determine whether it would be appropriate to schedule a follow up.81 A follow up could include written or telephonic reports that the parties might make to one another or to the mediator, exchange of specified kinds of information, or another mediation session.82 Within 14 days of the close of each mediation session, the mediator must report the date the session was held, whether the case settled in whole or in part, and whether any follow up is scheduled to the ADR Unit.83
As with the ENE Process, a mediator cannot impose a settlement and cannot attempt to coerce a party to accept any proposed terms.84 If no settlement is reached, the case remains on the litigation track with all formal discovery, disclosure, and motion practices preserved.85
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