Mediators (a) Appointment. After entry of an order referring a case to Mediation, the ADR Unit will appoint from the Court’s panel a mediator who is available during the appropriate period and has no

U.S. District Court for the Northern District of California

Rule Set: ADR Local Rules of the United States District Court for the Northern District of California

Rule: 6-3

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. ADR L.R. 6-3

(b) Standards of Conduct. Mediators on the Court’s panel agree to adhere to applicable standards of professional conduct as may be officially adopted by the Court. (c) Compensation. Mediators shall volunteer up to two hours of preparation time and the first four hours in a Mediation.

After four hours of Mediation, the mediator may (1) continue to volunteer his or her time or (2) give the parties the option of either concluding the proceeding or paying the mediator. The proceeding will continue only if all parties and the mediator agree. If all parties agree to continue, the mediator may then charge his or her hourly rate or such other rate that all parties agree to pay. If more substantial preparation by the mediator is desired, the parties may discuss appropriate alternative payment arrangements with the mediator.

Alternative arrangements must be approved by the ADR Legal Staff. No party may offer or give the mediator any gift. (d) Payment. All terms and conditions of payment must be clearly communicated to the parties.

The parties may agree to pay the fee in other than equal portions. The parties must pay the mediator directly, or the mediator’s law firm or employer, as directed by the mediator. On a form questionnaire provided by the Court, the mediator must promptly report to the ADR Unit the amount of any payment received.

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