Definitions

As used in these rules: (a) “Arbitration” means a process whereby a neutral third person, called an arbitrator, considers the facts and arguments presented by the parties and renders a decision, which may be binding or nonbinding as provided in these rules. (b) “Mediation” means a process whereby a neutral third person, called a mediator, acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives. (c) “Settlement conference” is a process whereby, with the approval of the district judge to whom the case is assigned, a district judge not assigned to the particular case, senior judge, special master, referee, or other neutral third person conducts, in the presence of the parties and their attorneys and person or persons with authority to resolve the matter, a conference for the purpose of facilitating settlement of the case. (d) “Alternative dispute resolution commissioner” may be an arbitration commissioner, discovery commissioner, short trial commissioner, other special master, or any qualified and licensed Nevada attorney appointed by the court. The appointment shall be made in accordance with local rules. The commissioner so appointed shall have the responsibilities and powers conferred by these Rules Governing Alternative Dispute Resolution and any local rules. (e) “Arbitration judge”: A judge of the district court may act upon designation as the court’s arbitration judge. (f) “Nevada Arbitration Rules” may be cited as NAR. (g) “Nevada Mediation Rules” may be cited as NMR. [Added; effective March 1, 2005; amended; effective January 1, 2023.]