WITHDRAWAL FROM MEDIATION

Any matter assigned to mediation pursuant to this rule may be withdrawn from mediation by the court at any time upon determination that the matter is not suitable for mediation. In addition, where mediation is brought about either by sua sponte order or motion, a party may withdraw from the mediation at any time after attending the first scheduled mediation conference only upon notice and motion. In order to withdraw, the withdrawing party shall, no later than five business days prior to any subsequently scheduled mediation activity, file with the court a motion seeking to withdraw from the mediation, briefly stating the reasons for the request and serve on the Mediator, Administrator, mediator and other parties (or their counsel). The method of service of the motion for withdrawal shall provide for actual receipt by the parties and the mediator no later than three business days prior to the next scheduled mediation activity.

The court shall rule upon the motion without argument. All mediation activity shall be stayed pending an order from the court.