D.S.C. Local Civ. Rule 16.10

(A) Authority of Mediators. The mediator shall at all times be authorized to

control the conference and the procedures to be followed.

(B) Duties. The mediator shall set up the mediation conference. The mediator

shall define and describe the following to the parties at the beginning of the

conference:

(1) The process of mediation.

(2) The difference between mediation and other forms of conflict

resolution.

(3) The fact that the mediation conference is not a trial; the mediator is not

a judge, jury, or arbitrator; and the parties retain the right to trial if

they do not reach a settlement.

(4) The inadmissibility of conduct and statements as evidence in any

arbitral, judicial, or other proceeding.

(5) The circumstances under which the mediator may meet alone with

either of the parties or with any other person.

(6) Whether and under what conditions communications with the mediator

will be held in confidence during the conference.

(7) The duties and responsibilities of the mediator and the parties.

(8) The fact that any agreement will be reached by mutual consent of the

parties.

(9) The costs of the mediation conference.

(C) Private Consultation/Confidentiality. The mediator may meet and consult

separately with any party or parties or their counsel during the conference.

Confidential information disclosed to a mediator by parties or by witnesses

in the course of mediation shall not be divulged by the mediator.

(D) No Waiver of Privilege. No communication by a party or attorney to the

mediator in private session shall operate to waive any attorney-client, work

product, or other privilege.

(E) Mediator Not to Be Called as Witness. Except when ordered by the court

for exceptional circumstances shown, the mediator shall not be listed or

called as a witness or be compelled by subpoena or otherwise to divulge any

records or to testify in regard to the mediation in any adversary proceeding

or judicial forum. All records, reports, and other documents received or

created by the mediator while serving in that capacity shall be confidential.

(F) Duty of Impartiality. The mediator has a duty to be impartial and to advise

all parties of any circumstances bearing on possible bias, prejudice, or

partiality.

(G) Declaring Impasse. It is the duty of the mediator to determine when an

impasse exists in the mediation or when the mediation should end. A

mediation cannot be unilaterally ended without the permission of the

mediator.

(H) Reporting Results of Conference. The mediator shall, within twenty-eight

(28) days of conclusion of the mediation, forward a completed Alternative

Dispute Resolution Tracking Form to the attention of the ADR Program

Director.

(I) Statistical Data. The clerk of court may require additional statistical data

from the mediator or parties.

(J) Immunity. The mediator shall not be liable to any person for any act or

omission in connection with any mediation conducted under these rules.