By Erika S. Fine
ADR guide for Judges and attorneys.
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Additional info for ADR and the Courts. A Manual for Judges and Lawyers
If litigant or counsel surveys are conducted, the Research Committee shall afford the information obtained such confidentiality as it shall deem appropriate. The Research Committee may compile statistical information based upon arbitration awards. d. Report of the Research Committee. Thirty (30) months after the effective date of these rules, the Research Committee shall file a report with the* clerk's office. The report shall be drawn by committee members other than judicial officers and officials of this court.
If the mediation panel's evaluation is unanimous and the defendant accepts the evaluation but the plaintiff rejects it and the matter proceeds to trial, the plaintiff must obtain a verdict in an amount which, when interest on the amount and costs from the date of filing of the complaint to the date of the evaluation are added, is more than ten (10) percent greater than the evaluation in order to avoid the payment of actual costs to the defendant. 4. If the mediation panel's evaluation is unanimous and the plaintiff accepts the evaluation but the defendant rejects it and the matter proceeds to trial, the defendant must obtain a verdict in an amount which, when interest on the amount and costs from the date of filing of the complaint to the date of the evaluation are added, is more than ten (10) percent less than the evaluation in order to avoid payment of actual costs to the plaintiff.
There shall be no disclosure of a party's acceptance or rejection until expiration of the twenty (20) days or until all parties have responded with an acceptance or rejection. Upon receipt of responses from all parties, the Mediation Clerk shall send notice indicating each counsel's acceptance or rejection of the evaluation. 6. Preparation of Judgment—If the mediation panel's award is accepted by all parties, the plaintiff shall prepare a judgment, approved as to form by opposing counsel, for entry by the Court.