LRMM 2. MEDIATOR (a) Appointment of Mediator. The parties may stipulate to appointment of a person to perform the mediation required by this rule by filing with the court a written stipulation including the name, address and date of appointment of the mediator. In the absence of stipulation, the court will, on its own motion or the motion of a party, appoint a mediator. The person or organization appointed by the parties or the court shall immediately be notified of the appointment. Any person so appointed may decline the appointment and promptly notify the parties and the court thereof. (b) Compensation. The mediator shall set a reasonable fee for mediation. The parties shall promptly pay the mediator's fee in the proportions agreed by the parties or, in the absence of agreement, as ordered by the court. (c) Authority and Duties. The mediator shall set the time, place, manner, and duration of mediation, which may be adjourned from time to time to facilitate resolution of issues. Within seven (7) days after completion of mediation, the mediator shall file with the court, and provide copies to the parties and attorneys who participated in the mediation, a declaration setting forth (1) the date(s) of mediation; (2) the contested issues mediated; and (3) the manner in which any party failed, in the judgment of the mediator, to participate in good faith. (d) Mediator as Witness. The mediator may not be subpoenaed to testify, nor shall the mediator agree or volunteer to testify, in any discovery procedure or court hearing regarding the statements, communications, or proposals, written or oral, made by any party, attorney or other participant in the mediation process. [Adopted May 27, 2012]
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