Settlement & Compromise.

-79- (iii) the position and interests of the attorney’s client regarding settlement. (B) Unless excused by the mediator or settlement judge, a person with complete settlement authority for each party must attend the mediation or judge-hosted settlement conference in person. But the United States may be represented by the trial attorney. (C) Where a party’s defense is provided by a liability insurer, a representative of the insurer, unless excused by the mediator or settlement judge, must attend the mediation or judge-hosted settlement conference and have full authority to bind the insurer to a settlement.

(D) Unless excused from attendance by the mediator or settlement judge, an attorney’s or party’s willful failure to attend the mediation or judge-hosted settlement conference when required must be reported to the assigned judge by the mediator or settlement judge and may result in the imposition of sanctions. (3) Settlement. Unless otherwise agreed by all parties and the mediator or settlement judge in writing, no party will be bound by anything done or said in any mediation or judge-hosted settlement conference unless a settlement is reached, in which event the agreement will be recited orally and recorded or reduced to writing and will be binding on all parties. In any dispute regarding the terms of the settlement, the terms of the settlement as communicated by the mediator or settlement judge and accepted by the parties are not privileged.

(4) Postmediation Notification to Assigned Judge. (A) Private Mediation. As soon as reasonably practicable, and in no event later than the earlier of 14 days after the mediation has concluded or 7 days before any hearing or trial date, the mediator must notify the assigned judge in writing (which notice must not be filed, but must be e-mailed as requested by the assigned judge) whether the mediation proceeding was held and whether the matter has been settled or additional time is needed to reach or implement a settlement. The mediator must also disclose any willful failure to attend or participate in the mediation proceeding by any party or their counsel.

The mediator must provide copies of the communication to the assigned judge to all participants or, if represented, to their counsel. (B) Judge-Hosted Settlement Conference. As soon as reasonably practicable, the settlement judge must notify the assigned judge whether the mediation proceeding was held and whether the matter has been settled or additional time is needed to reach or implement a settlement. The settlement judge must also notify the assigned judge of any willful failure to attend or participate in the judge-hosted settlement conference by any party or their counsel.

(5) Termination of Mediation or Judge-Hosted Settlement Conference. The assigned judge may withdraw any matter from court-ordered private mediation or a judge-hosted settlement conference on the assigned judge’s own order or upon request of any party, the UST, the mediator, or the settlement judge. Unless the parties and mediator or settlement judge agree otherwise in writing, any and all duties and responsibilities of the mediator or settlement judge terminate upon the filing of the report by the mediator or settlement judge required in (4) above. 12/1/2025