SELECTION OF MEDIATOR
U.S. District Court for the Western District of Tennessee
U.S. District Court for the Western District of Tennessee
(a) Mediator Panel List. The Court shall maintain a list of trained Mediators. Each Mediator shall provide to the Court information on his or her area(s) of expertise and compensation rates. (b) Private Mediators.
The parties may select a Mediator other than from the Court’s Mediator list. Such selections are presumed acceptable unless the assigned Judge determines that the interests of justice are not served. (c) Selection. (1) The parties shall have until the date of the Rule 16 scheduling conference in which to select a Mediator, confirm the Mediator’s availability and file a stipulation regarding their selection.
The Clerk shall send a copy of the ADR Scheduling and/or Referral Order to the Mediator. (2) If the parties fail to agree upon a Mediator before or during the Rule 16 9 scheduling conference, the Court shall select a Mediator for the case from the Court’s Mediator list and shall issue an Order notifying the parties of the Mediator’s identity. (d) Magistrate Judges Serving As Mediators/Neutrals. The assigned Judge may, sua sponte, refer the parties to a magistrate judge for judicially conducted ADR.
Likewise, the parties, for good cause shown, may move the assigned judge to refer the case to a magistrate judge for judicially conducted ADR. 5.5 (a) (b) SCHEDULING AND LOCATION OF MEDIATION Scheduling. Promptly upon being selected, the Mediator shall conduct a telephone conference, jointly or separately, with counsel and any unrepresented parties, to fix the date and place of the mediation. Timing.
Unless otherwise ordered, a first mediation session shall be conducted within twelve (12) weeks after the Rule 16 scheduling conference. In pending cases, mediation shall be conducted in accordance with the ADR Referral Order. (c) Location. The mediation session shall be held in the U.S. Courthouse or the Mediator’s office, unless otherwise agreed.
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