Conduct of the Mediation Conference

The Mediation Conference shall proceed informally and rules of evidence shall not In the apply. There shall be no formal examination or cross-examination of witnesses. mediator’s discretion, the mediator may: (a) meet privately and confidentially with each party to discuss settlement or the mediation process; (b) permit each party, through counsel or otherwise, to make an oral presentation of its position; (c) help the parties identify areas of agreement and, where feasible, formulate stipulations; (d) help the parties assess the relative strengths and weaknesses of the parties’ contentions and evidence; (e) help the parties estimate the likelihood of liability and the dollar range of damages; 46 (f) help the parties devise a plan for sharing the important information and/or conducting the key discovery which will equip them to participate as expeditiously as possible in meaningful settlement discussions or to posture the dispute for disposition by other means; and (g) determine whether some form of follow-up to the Mediation Conference would contribute to the process of case development or settlement and, if so, conduct additional Mediation Conferences after the initial Mediation Conference.