CONDUCT OF THE MEDIATION CONFERENCE

The Mediation Conference shall proceed informally. Rules of evidence shall not apply. There shall be no formal examination or cross-examination of witnesses. Where necessary, the Mediator may conduct continued Mediation Conferences after the initial session.

As appropriate, the Mediator may: (a) position; (b) (c) Permit each party, through counsel or otherwise, to make an oral presentation of its Help the parties identify areas of agreement and, where feasible, formulate stipulations; Assess the relative strengths and weaknesses of the parties’ contentions and evidence, and explain as carefully as possible the reasoning of the Mediator that supports these assessments; (d) Assist the parties in settling the dispute; Local Rules W.D. Wash. Bankr. Effective Dec. 1, 2023 (e) (f) Estimate, where feasible, the likelihood of liability and the dollar range of damages; Help the parties devise a plan for sharing the important information and/or conducting the key discovery that will equip them as expeditiously as possible to participate in meaningful settlement discussions or to posture the case for disposition by other means; and (g) Determine whether some form of follow-up to the conference would contribute to the case development process or to settlement.