COMMUNICATIONS WITH THE MEDIATOR

After receiving Mediation Memoranda and submissions pursuant to Section 5.6, the Mediator may request additional information from any party or participant. The Mediator, at his or her discretion, may also discuss the case in confidence and ex parte with counsel, parties and/or representatives. The Mediator shall not disclose any confidential communication, including the Mediation Memoranda and submissions, without permission. 5.8 (a) ATTENDANCE AND PARTICIPATION Parties.

All named parties and their counsel are required to attend the mediation session(s) in person unless excused under 5.8(e) below. (1) (2) Corporation or other entity. A party other than a natural person (e.g. a corporation or some other entity or association) satisfies this attendance requirement if represented by one or more persons, other than outside counsel, who have authority to settle and who are knowledgeable about the facts and circumstances of the case and the claims being made. Government entity.

A unit or agency of government satisfies this attendance requirement if represented by one or more persons who have, to the greatest extent feasible, authority to settle, and who are knowledgeable about the facts of the case, the agency’s or unit’s position, and the procedures and policies under which the agency or unit decides whether to enter into proposed settlements. If the action is brought by the government on behalf of one or more individuals, at least one such individual shall also attend. (b) Counsel. Each party shall be accompanied at the mediation session by the attorney who will be primarily responsible for handling the trial of the matter and/or is most familiar with the matter at that stage of the proceeding.

A party who is proceeding pro se may be accompanied by one non-attorney whom the party relies on for support and/or assistance. 11 (c) (d) (e) (f) 5.9 (a) (b) Insurers. Insurer representatives are required to attend in person if their agreement is necessary to achieve a settlement, unless excused under 5.8(e) below. Other Attendees.

The Mediator may require the attendance of any other individual who appears reasonably necessary for the advancement of communication and resolution between the parties. Request to be Excused. Any person who is required to attend a mediation session may be excused from attending in person only after showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. Not less than fourteen (14) days before the date set for the mediation, a person seeking to be excused must submit a letter to the Mediator with copies sent to all other counsel and unrepresented parties, which states: (1) All considerations that support the request; and (2) Whether the other party or parties join in or object to the request.

Any party opposing the request shall submit a written statement of opposition no less than seven (7) days prior to the mediation. The Mediator shall promptly make a determination as to the necessity of the person’s attendance and may require personal participation, permit participation by telephone, or excuse the person’s presence altogether. The Mediator’s decision shall be final. Participation by Telephone.

A person excused from appearing in person at a mediation session shall be available by telephone or otherwise be available as the Mediator may direct.

THE MEDIATION SESSION

The first mediation session shall be a minimum of two (2) hours. The parties may, and are encouraged to, extend the length of the session. The mediation session shall be conducted in accordance with the process described in detail by the Mediator during the opening of the mediation. The process may include, as appropriate and necessary, the following: • Mediator “opening statement” and introduction to the process and session • An opportunity to present each party’s positions, claims and concerns • Joint sessions with all parties participating • Various “caucus” sessions in which the Mediator meets with one or more parties and/or their counsel, as the Mediator deems appropriate 12 (c) (d) The Mediator shall have discretion to structure the mediation so as to maximize the benefits of the process.

Any communications to the Mediator during a “caucus” shall not be disclosed by the Mediator to any other party without permission. (e) The mediation session shall be informal, and conducted with civility.