Assisted Mediation Program (Amended January 1, 2012)

(a) Scope. The Court may assign specially trained pro bono Special Mediation Counsel to assist pro se civilian litigants with preparing for and participating in mediation. The Assisted Mediation Program is open to civilian pro se parties to actions in the Northern District of New York. The assigned judge or magistrate judge determines if the case would benefit from mediation and would also benefit from the assignment of Special Mediation Counsel to assist the pro se party with the mediation process.

Appointment of Special Mediation Counsel is in no way guaranteed, even if the action is referred to the court-annexed mediation program. Appointment is at the sole discretion of the presiding judge. (b) Procedure. The procedure and limits of Assisted Mediation are governed by L.R. 83.11, including the filing requirements preceding and following the mediation session described in L.R. 83.11-5 and L.R. 83.11-6, except as otherwise provided in this Rule.

If the court determines that referral to the Assisted Mediation Program is appropriate, the Court 1. shall enter an order of reference to the Assisted Mediation Program. 2. Within ten (10) days of the entry of the order of reference, the pro se party shall complete and sign the Assisted Mediation Program declaration form provided by the Clerk’s Office. 3.

After receipt of the completed declaration, the Court shall issue an order appointing Special Mediation Counsel, appointing a mediator, and setting a date or time frame in which the mediation session should be held. The court may appoint a member of the court’s mediation panel, the assigned magistrate judge, or another magistrate judge as the mediator. 4. If the mediation session does not result in settlement, at the conclusion of mediation procedures, the Court shall issue an order relieving the Special Mediation Counsel of further representation duties and termination the attorney-client relationship.

(c) Duties of Special Mediation Counsel. Within five days of the filing of the order of reference, the Special Mediation Counsel shall contact the pro se party to help prepare for the mediation session. On the agreed upon or set date, the Special Mediation Counsel shall attend the mediation session and provide assistance to the pro se party. Thereafter, the Special Mediation Counsel shall help the pro se party complete any follow-up to the mediation session, including the processing of a settlement agreement when necessary.

(d) Service to the Bar and Court Provided by Special Mediation Counsel. Special Mediation Counsel performs duties as a pro bono service to the Court, litigants, and the bar. Costs Special Mediation Counsel incurs during the course of representation of the pro se party, including costs associated with obtaining copies of materials filed prior to appointment and in attending mediation sessions, are recoverable under L.R. 83.3(g).