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SUPERIOR COURT
ADR PRACTITIONER


[Compulsory Alternative Dispute Resolution (ADR) allows the format of ADR to be agreed upon by the parties. If the parties cannot agree on the ADR format, the default format shall be mediation unless otherwise ordered by the Court.]

Selection of the ADR Practitioner

ADR Practitioners include the arbitrator, mediator, neutral case assessor or any other practitioner engaged by the parties to facilitate

In the event the parties cannot agree on an ADR Practitioner, they shall file a joint motion with the Court within thirty (30) days of the issuance of the scheduling order requesting that the Court appoint an ADR Practitioner for the parties. The Court may impose sanctions upon a party or both parties if it determines that the parties have not attempted to agree upon an ADR Practitioner in good faith.

ADR Practitioner Fee

The parties shall pay the ADR Practitioner in accordance with the allocation and amount of fees established by the ADR Practitioner and agreed to by the parties or ordered by the Court. The ADR Practitioner may apply to the Court for sanctions against any party who fails to comply with the terms of engagement established by the ADR Practitioner and agreed to by the parties including, but not limited.

When a Superior Court Commissioner serves as a mediator, the fee for mediation services shall be a minimum of two (2) hours at the rate of $150 per hour of hearing time. Each party shall pay the party's share to the Prothonotary within twenty (20) days of notice of the appointment of the Commissioner as a mediator. It is the obligation of each attorney, or any party appearing pro se, to timely pay the costs of ADR and any additional mediation fee when billed. The Court may impose sanctions against any party who fails to timely pay any fee required by this rule. The fee shall be deposited

ADR Practitioner Confidentiality & Liability

The ADR Practitioner may not be called as a witness in any aspect of the litigation, or in any proceeding relating to the litigation in which the ADR Practitioner served, unless ordered by the Court. In addition, all ADR Practitioners, when serving as an arbitrator, mediator or neutral assessor, shall be immune from civil liability for, or resulting from, any act or omission done or made while engaged in ADR, unless an act or omission was made or done in bad faith, with malicious intent, or in a manner exhibiting a willful, wanton disregard of the rights, safety, or property of another. Each ADR Practitioner shall remain bound by any confidentiality agreement signed by the parties and the ADR Practitioner as part of the ADR.