The RFC notes that rule 4.16 is still in effect and it places a responsibility of “good faith participation in one or more … dispute resolution processes” on all litigants.
The suggested new rules would allow the court to give directions respecting any aspect of the dispute resolution process, including:
- the identity of the mediator
- directions apportioning the parties’ responsibility for the cost of the mediator
- time, location, structure, conduct of the process
- consequences of a party’s failure to comply with directions or pay its share of the expenses.
The RFC also seeks input on whether there should be a fee charged for a JDR “to level the playing field” with private mediation.