W.R.C.P. 40

(a) Scheduling Actions for Trial. — The court shall place actions upon the

trial calendar:

(1) without request of the parties; or

(2) upon request of a party and notice to the other parties; or

(3) in such other manner as the court deems expedient.

Precedence shall be given to actions entitled to trial by statute.

(b) Limited Assignment for Alternative Dispute Resolution. —

(1) Assignment. — For the purpose of invoking nonbinding alternative

dispute resolution methods:

(A) Court Assignment. — The court may, or at the request of any party,

shall, assign the case to:

(i) another active judge,

(ii) a retired judge,

(iii) retired justice, or

(iv) other qualified person on limited assignment.

(B) By Agreement. — By agreement, the parties may select the person

to conduct the settlement conference or to serve as the mediator.

(i) If the parties are unable to agree, they may advise the court of

their recommendations, and

(ii) the court shall then appoint a person to conduct the settlement

conference or to serve as the mediator.

(2) Alternative Dispute Resolution Procedure. — A settlement conference

or mediation may be conducted in accordance with procedures prescribed by

the person conducting the settlement conference or mediation. A mediation

also may be conducted in accordance with the following recommended rules

of procedure:

(A) Written Submissions. — Prior to the session, the mediator may

require confidential ex parte written submissions from each party. Those

submissions should include:

(i) each party’s honest assessment of the strengths and weaknesses of

the case with regard to liability, damages, and other relief,

(ii) a history of all settlement offers and counteroffers in the case,

(iii) an honest statement from plaintiff’s counsel of the minimum

settlement authority that plaintiff’s counsel has or is able to obtain, and

(iv) an honest statement from defense counsel of the maximum

settlement authority that defense counsel has or is able to obtain.

(B) Authority to Settle. — Prior to the session, a commitment must be

obtained from the parties that their representatives at the session have

full and complete authority to represent them and to settle the case. If any

party’s representative lacks settlement authority, the session should not

proceed. The mediator may also require the presence at the session of the

parties themselves.

(C) Conduct of Alternative Dispute Resolution. —

(i) Commencement. — The mediator may begin the session by stating

the objective, which is to seek a workable resolution that is in the best

interests of all involved and that is fair and acceptable to the parties.

The parties should be informed of statutory provisions governing

mediation, including provisions relating to confidentiality, privilege, and

immunity.

(ii) Opening Statements. — Each party or attorney may then make

an opening statement stating the party’s case in its best light, the issues

involved, supporting law, prospects for success, and the party’s evaluation of the case.

(iii) Responses. — Each party or attorney may then respond to the

other’s presentation.

(iv) Conferences. — From time to time, the parties and their attorneys may confer privately.

(v) Mediator’s Role. — The mediator may adjourn the session for

short periods of time. After a full, open discussion, the mediator may

summarize, identify the strong and weak points in each case, point out

the risks of trial to each party, suggest a probable verdict or judgment

range, and suggest a fair settlement of the case. This may be done in the

presence of all parties or separately.

(vi) Settlement. — If settlement results, it should promptly be re-

duced to a writing executed by the settling parties or recorded by other

reliable means. The mediator may suggest to the parties such reasonable additions or requirements as may be appropriate or beneficial in a

particular case.

(D) Fees and Costs. — For those cases filed in court and assigned for

settlement conference or mediation:

(i) compensation for services shall be arranged by agreement between

the parties and the person conducting the settlement conference or

serving as the mediator, and

(ii) that person’s statement shall be paid within 30 days of receipt by

the parties.

(E) Other forms of Alternative Dispute Resolution. — Nothing in this

rule is intended to preclude the parties from agreeing to submit their

dispute to other forms of alternative dispute resolution, including arbitra-

tion and summary jury trial.

(F) Retained Jurisdiction. — Assignment of a case to alternative dispute resolution shall not suspend any deadlines or cancel any hearings or

trial. The court retains jurisdiction for any and all purposes while the case

is assigned to any alternative dispute resolution.