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Title 3. Civil Rules
Division 8. Alternative Dispute Resolution
Chapter 4. Civil Action Mediation Program Rules
As amended through April 1, 2007
Rule 3.874.
Attendance, participant lists, and mediation statements.
(a) Attendance
(1) All parties and attorneys of record must attend all
mediation sessions in person unless excused or permitted to attend by
telephone as provided in (3). If a party is not a natural person, a
representative of that party with authority to resolve the dispute or,
in the case of a governmental entity that requires an agreement to be
approved by an elected official or a legislative body, by a
representative with authority to recommend such agreement, must attend
all mediation sessions in person, unless excused or permitted to
attend by telephone as provided in (3).
(2) If any party is insured under a policy of insurance
that provides or may provide coverage for a claim that is a subject of
the action, a representative of the insurer with authority to settle
or recommend settlement of the claim must attend all mediation
sessions in person, unless excused or permitted to attend by telephone
as provided in (3).
(3) The mediator may excuse a party, attorney, or
representative from the requirement to attend a mediation session
under (1) or (2) or permit attendance by telephone. The party,
attorney, or representative who is excused or permitted to attend by
telephone must promptly send a letter or an electronic communication
to the mediator and to all parties confirming the excuse or
permission.
(4) Each party may have counsel present at all mediation
sessions that concern it the party.
(b) Participant lists and mediation statements
(1) At least five court days before the first mediation
session, each party must serve a list of its mediation participants on
the mediator and all other parties. The list must include the names of
all parties, attorneys, representatives of a party that is not a
natural person, insurance representatives, and other persons who will
attend the mediation with or on behalf of that party. A party must
promptly serve a supplemental list if the party subsequently
determines that other persons will attend the mediation with or on
behalf of the party.
(2) The mediator may request that each party submit a
short mediation statement providing information about the issues in
dispute and possible resolutions of those issues and other information
or documents that may appear helpful to resolve the dispute.
History. Rule 3.874 amended and renumbered
effective January 1, 2007; adopted as rule 1634 effective March 1,
1994.
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