MEDIATION INSTRUCTIONS TO COUNSEL IN EDNY MEDIATION (last updated 01/6/2016) I. Date for mediation session and selecting Mediator Unless otherwise provided in the Mediation Referral Order, the first mediation session will take place approximately four to six weeks after the date of the Mediation Order. Counsel are to select the Mediator, schedule the first mediation session, and electronically file via CM/ECF using the event Selection of Mediator, the name of the Mediator, and the date, time, and place of the first mediation session. Counsel are to confer with each other and to speak directly with the potential Mediator, in scheduling the first mediation session. A mediation session should be scheduled for an entire day. Trial Counsel, a representative of their client with full settlement authority, and the Insurance Adjustor shall attend the mediation sessions in person. A list of the EDNY Panel of Mediators is available on the ADR website at www.nyed.uscourts.gov/adr. The names of the mediators, their areas of concentration together with addresses and telephone numbers are listed on the website. Each mediator shall receive a fee of $600 for the first four hours or less of the actual mediation. Time spent preparing the mediation will not be compensated. Thereafter, the mediator shall be compensated at the rate of $250 per hour. The mediator's fee shall be paid by the parties to the mediation. Any party that is unable or unwilling to pay the Mediator's fee may apply to the referring judge for a waiver of the fee, with a right of appeal to the District Judge in the event the referral was made by a Magistrate Judge. Counsel may also agree to a particular mediator whether or not he/she is on the EDNY panel or to use the services of an independent Alternative Dispute Resolution organization. Compensation of mediators not on the EDNY Panel is determined by agreement among Counsel and the mediator. Please be aware that many of the EDNY panel mediators provide private mediations as well. It is very important that you identify yourself to the mediator as a party in a case which was court-ordered to mediation. Alternatively, the Mediation Department may be requested to select the Mediator. In such case, the Mediation Department will provide the parties with a list of available EDNY Panel Mediators with experience in the subject of the case. Within seven (7) days, Counsel shall rank their choices for the Mediator. Counsel shall each have one vote in which to rank their preferences. Counsel are to numerically rank their preferences for the Mediator; for example, the American LegalNet, Inc. www.FormsWorkFlow.com first choice "1", the second choice "2", the third choice "3", and so on. The ADR Administrator will select the Mediator who gets the lowest number on the combined lists of preferences and notify counsel on ECF. In accordance with Administrative order 2004-08 (as of August 2, 2004) electronic filing became mandatory in the Eastern District of New York for all cases (pro se cases are excluded). II. Submissions The Local Civil Rule 83.8(b) (4) provides that "no less than fourteen days prior to the first mediation session, each party shall submit directly to the mediator a mediation statement not to exceed ten pages double-spaced, not including exhibits, outlining the key facts and legal issues in the case. The statement will also include a description of motions filed and their status, and any other information that will advance settlement prospects or make the mediation more productive. Mediation statements are not briefs and are not filed with the Court, nor shall the assigned Judge or Magistrate Judge have access to them." The mediation statement is intended to inform the mediator about the case from the party's view. Before drafting the mediation statement, counsel should discuss with the mediator any particular requirements that the mediator may have. Unless otherwise agreed by the parties and the mediator, the submissions shall not be exchanged among counsel. III. Attendance in Person required of Trial Counsel, Insurance Adjustor, and Party Representatives with full settlement authority at each Session and Session . Location Attendance in person at each mediation session is required of the trial counsel, insurance adjustor (if any) and the party or its representative with full settlement authority to settle the matter in the case of a business or governmental entity or a minor. The names and general job titles of the employee(s) or agents of the corporation or insurance company who will attend the mediation session should be included in the mediation statement. Availability by telephone is unacceptable. Mediation sessions may be conducted at the offices of the mediator, the Courthouses of the Eastern District at Central Islip and Brooklyn, and with the consent of all Counsel, a Counsel's conference room. Telephone the Mediation Office for reservations at the Courthouses. (Telephone 718-613-2578) IV Finalizing agreement Oral agreements should be committed to writing and signed at the mediation session. In addition, a stipulation of discontinuance should be prepared and filed. A form of stipulation of discontinuance is attached hereto. American LegalNet, Inc. www.FormsWorkFlow.com V. Mediation Report for Attorneys in Mediated Cases After the mediation has taken place, please evaluate the performance of your Mediator and return your report of mediation to: Robyn Weinstein, ADR Administrator US District Court 225 Cadman Plaza East Brooklyn, NY 11201 robyn_weinstein@nyed.uscourts.gov VI.Other Resources EDNY Local Civil Rule 83.8 Court-Annexed Mediation (Eastern District Only) EDNY ADR website www.nyed.uscourts.gov/adr American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties: 1. No party shall be bound by anything said or done during the Mediation, unless either a written and signed stipulation is entered into or the parties enter into a written and signed agreement. The Mediator may meet in private conference with less than all of the parties. Information obtained by the Mediator, either in written or oral form, shall be confidential and shall not be revealed by the Mediator unless and until the party who provided that information agrees to its disclosure. The Mediator shall not, without the prior written consent of both parties, disclose to the Court any matte