Mediation and other forms of alternative dispute resolution

A. Definition. Mediation is an approach to conflict resolution or decision-making in which a mutually acceptable, neutral, and impartial third party helps the participants reach consensual and informed agreements. In mediation, decision-making rests with the parties. The mediator reduces obstacles in communication, maximizes the exploration of options for resolution, and addresses the needs and concerns of those who are involved or affected by the issues under discussion. B. Application. This rule applies to all actions filed under NRS Chapter 159 . C. Procedure. The guardianship mediation manual as approved by the Nevada Supreme Court governs mediations of actions filed under these chapters. 1. At any time after an action is filed under NRS Chapter 159 , any of the parties referenced in Policy #2 part I of the guardianship mediation manual may file a petition with the court requesting mediation for the purpose of providing an alternative to litigation in resolving any, some, or all matters at issue in the case. 2. The petition may include the names of any acceptable mediators. D. Program evaluation. 1. At the conclusion of the mediation referral, the mediator shall file a Notice of Outcome of Adult Guardianship Mediation with the Court and serve a copy of the notice upon all individuals or entities who are entitled to notice under NRS 159.034 . 2. All participants in the mediation will complete a survey of their experience with the mediation process. 3. Both the form of the Notice of Outcome of Adult Guardianship Mediation and the participant survey shall be as approved by the Nevada Supreme Court. [Added; effective June 8, 2020.]