Agreements reached during mediation only bind the parties if in writing and signed by the parties or counsel. The mediator has no authority to require a settlement or render a decision.

Mediation is voluntary in that participants reach their own agreements regarding the dispute and the disposition of the lawsuit. Participants also may reject a proposal and, with the concurrence of the mediator, bring the mediation process to a close.

In addition, participation in mediation is, in most cases, voluntary. Local Rule 16.3 requires counsel to meet early in the litigation process to discuss, among other things, whether mediation might be appropriate in the case. They must report their views on mediation to the Court shortly after their meeting. The Court may encourage parties to engage in mediation in suitable cases. The Court also has the authority, under Mediation Local Rule 84.4, to require participation after giving the parties an opportunity to be heard on whether mediation would be appropriate. In practice, however, the Court generally defers to the parties in deciding whether to refer a case to the Mediation Program.

Counsel, parties, and others with settlement authority must attend mediation sessions. Certain exceptions may be made for institutional or governmental parties. Mediators may require the presence or participation by telephone or video of the ultimate government or corporate decision-maker or other senior manager, with the concurrence of the Mediation Program.

Yes, cases involving pro se parties may be referred to mediation if the judge making the referral has appointed an attorney from the Court’s civil pro bono panel to represent that party for mediation purposes only or other steps are taken for an unrepresented party to have counsel for mediation.

Referral to mediation does not automatically stop other proceedings in the case. The presiding judge decides whether or not to halt or postpone other proceedings – such as discovery – while the case is in mediation, depending on the judge’s views of the needs of the case.

Mediators are not paid for their work. When appointed through the District Court’s Mediation Program, mediators provide their services on a pro bono basis. However, parties are free to retain private mediators if they wish, and such mediators operate independently of the Court’s Mediation Program.

No, litigants may not choose the mediator who will work on their case. The mediator assigned to the case is selected by the Mediation Office staff. Mediators are assigned cases based on their qualifications, experience, areas of expertise, and availability.

Staff welcome suggestions as to the experience or style that would be most useful in a particular case and will often work with the parties to make the best possible selection. A mediator with specific subject matter expertise usually will be assigned. Attorneys are encouraged to contact the Mediation Office to discuss any aspect of a prospective mediation.

Mediation sessions may be conducted in person, by video, or by phone. In-person sessions may be held in the Courthouse, at the offices of the mediator or counsel for a party, or any other location mutually agreed upon by the parties and mediator. All three methods may be utilized during the mediation process.

Communications made during the mediation process and documents generated for mediation purposes are confidential and may not be disclosed to the presiding judge or to any outside parties without the parties’ concurrence. Because a District Court mediation is initiated by a public order by the presiding judge referring the case to the Mediation Program, the fact that a case is in mediation or was mediated is not confidential.

The resolution of any disputes and complaints, which may require disclosure of information acquired through a mediation, are not heard by the assigned judge. Instead, they may be brought to the attention of the Chief Circuit Mediator, who may then refer them to the Dispute Resolution Compliance Judge for appropriate action. (See FAQ - What is the procedure if there are disputes or complaints about mediation? – and LCvR 84.10.)

No, the Magistrate Judges are not part of the District Court Program, and the Court’s local mediation rules, including the mediation confidentiality rules, do not apply when they mediate a case.

No, there is no communication between the mediator and the presiding judge on the case.

Complaints alleging a material violation of mediation referral orders or the local mediation rules may be addressed by the Court’s Dispute Resolution Compliance Judge as provided in Mediation Local Rule 84.10. The Compliance Judge is different from the presiding judge in the case. Litigants may not bring compliance issues directly to the attention of the Compliance Judge or to the attention of the judge who is assigned to the lawsuit. For additional information, please contact Chief Circuit Mediator Robert Fisher at (202) 216-7343.