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Message: Mediation

Kaos558, you write,

Of course, they may not come to terms at the time, but still leave open the possibility. mediators often are willing to either set another date if the parties are close or the exchange of additional info is warranted, or even sometimes discuss settlement further by phone if the parties are willing. Sometimes a number that seems unacceptable at mediation becomes acceptable after as the trial date approaches and the all or nothing realization begins to set in for both sides.

however,

Written submissions. At least ten days before the mediation conference, each party must submit to the mediator and opposing counsel a brief summary of the facts and issues in the case and a list of who will attend the mediation session. The submission is confidential and is not placed in the public record of the case.

Outcome. Within five days of the mediation conference, the mediator must file a report indicating whether all required parties were present and whether the case settled, was continued with the consent of the parties, or was declared at an impasse by the mediator. If the parties reach settlement, lead counsel must notify the court by filing a settlement agreement signed by the parties and the mediator within ten days of the mediation conference.

http://www.fjc.gov/public/home.nsf/a... ...

(ease2002 & wolfpackvolt)

It would appear that the mediator must advise the Court no later than 10/05/2007 as to the outcome of the mediation, and, in the event of a settlemnt, details must be filed no later than 10/12/2007.

As to the proposed settlement figure, surely that will increase the nearer the trial date approaches because the defendants were given the opportunity to settle for that amount during mediation but failed to do so?

Be well

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