Coggins Mediation Order

ORDER TO CONDUCT MEDIATION (Donald C. Coggins Jr., United States District Judge). This form is used in the United States District Court, District of South Carolina. In legal proceedings, mediation is a form of alternative dispute resolution (ADR) where a neutral third party, the mediator, assists the parties in reaching a settlement agreement. The court may order mediation in cases where it believes that attempting to settle the dispute outside of trial could be beneficial. A mediation is to be completed in this matter in accordance with the time limits set forth in the Scheduling Order issued in this case. Upon completion of the mediation, counsel shall advise the Court in writing only that the mediation has occurred, the date of the mediation, whether the case was settled in whole or in part, and whether a trial is necessary. Attorneys primarily responsible for handling the trial, parties, and/or insurance representatives with full settlement authority are ORDERED to be present in person and will be excused only for good cause shown. Every person who is excused from attending in person must be available to participate by telephone, unless otherwise ordered. At the mediation, primary trial counsel, along with parties, and/or their insurer representatives, should be prepared to participate in a mutual, good faith effort to negotiate a fair and reasonable settlement. All necessary discovery must be completed prior to mediation. Lack of discovery or settlement authority is no excuse for failure to appear and/or participate. Communications made in connection with or during the mediation are confidential and protected by Fed. R. Evid. 408, Local Civ. R. 16.08(C) (D.S.C.), and Fed. R. Civ. P. 68. If a settlement is not reached at mediation, settlement discussions are neither admissible at trial nor to be disclosed to the presiding judge, except as allowed by Local Civ. R. 26.05 (D.S.C.). www.FormsWorkflow.com