4JDCR 4

1. Upon motion or by agreement of the parties, or upon the court’s own initiative if appropriate, the court may order the parties to engage in mediation.

2. “Mediation” means meeting with a mediator selected by the parties, or if the parties are unable to agree upon a mediator, assigned by the judge, for the purpose of reaching an early settlement of the entire lawsuit or as many legal and factual issues as possible.

3. The court may draw upon members of the Elko County Bar to serve as mediators in appropriate cases, taking into consideration any prior relationships between the parties or their counsel and prospective mediators that might impact the mediator’s effectiveness, as well as the experience of each prospective mediator in light of the nature and complexity of the case. Mediators may perform mediation services on a no-fee basis or at a reduced rate in appropriate cases in fulfillment of the member’s RPC 6.1 responsibilities. In no event will a mediator be required by the court to perform mediation services for less than the mediator’s normal hourly rate for legal services.

4. In the event the parties agree to mediation or the court orders the parties to engage in mediation, unless the mediator agrees to perform mediation services on a pro bono basis, each party shall pay its pro rata share of the mediator’s fees.

5. In the event mediation is ordered as a result of a motion by a party or parties, the moving party or parties shall pay the entire amount of the mediator’s fees unless otherwise agreed by the nonmoving party or parties or as ordered by the court.