SLR 4-7.016: PARTICIPATION IN APPROPRIATE DISPUTE RESOLUTION

(1) Every civil case shall be subject to subsection (2) of this rule. (2) All parties and their attorneys, if any, are required to participate in some form of appropriate dispute resolution, beyond negotiation directly or indirectly to reach a joint settlement, including, but not limited to, arbitration, mediation or judicial settlement conference. The parties must sign and file, within 365 days from the filing of the first complaint or petition in the action, a certificate (See Certificate of Participation in Alternative Dispute Resolution, Forms Appendix) indicating that the parties have participated in such ADR mechanisms. If the action is fully disposed of in the circuit court within 365 days from the filing of the first complaint or petition in the action, no certificate need be filed under this rule. (3) The requirements of this rule shall not require mediation or arbitration of a case otherwise exempt from arbitration or mediation requirements by statute, but the parties and attorneys, if any, of any case so exempted shall be required to participate in a judicial settlement conference. (4) The court may impose sanctions pursuant to UTCR 1.090 against any party who fails to comply with subsection (2) of this rule, or who; (a) Fails to attend a scheduled mediation session, arbitration hearing or judicial settlement conference; (b) Fails to act in good faith during the mediation, arbitration or judicial settlement conference; (c) Fails to submit on a timely basis paperwork required as a part of the mediation, arbitration or judicial settlement conference; or (d) Fails to have a principal necessary to approve the resolution of the case present or readily available, by telephone or other means, at the time of the mediation, arbitration or judicial settlement conference, unless, in advance, the court grants the party or attorney leave from compliance with this subsection of the rule. (5) Nothing in this rule restricts or removes the constitutional right of the parties to a trial.