N ORTHERN M ARIANA I SLANDS R ULES FOR M ANDATORY A LTERNATIVE D ISPUTE R ESOLUTION

Table of Contents § 1001 Title, Findings and Purpose1 § 1002 Definition of Mediation1 § 1003 Actions to Which Title Applies1 § 1004 Actions to be Submitted to Mediation1 § 1005 Stay of Actions Ordered to Mediation2 § 1006 Initiation of Mediation2 § 1007 Initial Case Management Conference & Mediation Assessment Hearing2 § 1008 Determination for Order for Mediation2 § 1009 Amount in Controversy3 § 1010 Order for Mediation3 § 1011 Selection of Mediator3 § 1012 List of Court-Approved Mediators3 § 1013 Qualifications of Mediators3 § 1014 Mediator Standards of Conduct4 § 1015 Court-Approved Mediator Fee Schedule4 § 1016 Costs of Mediation & Financial Requirements4 § 1017 Relief from Court-Ordered Mediation5 § 1018 Financial Accommodation for Indigent Parties6 § 1019 Failure to Comply with Financial Requirements6 § 1020 Conduct of Mediation7 § 1021 Mediator Immunity8 § 1022 Evidence Admissible8 § 1023 Evidence Not Admissible8 § 1024 Confidentiality of Mediation and Communications in the Course of Mediation8 § 1025 Sanctions for Non-Appearance at Mediation8 § 1026 Termination of Mediation8 § 1027 Enforcement of Settlement as Judgment9 § 1028 Post-Mediation Case Management Conference9 § 1029 Other Types of ADR9 § 1030 Repeal of Commonwealth Rules Governing Court-Appointed, Certified Mediators9 § 1031 Tolling of Time for Calculation of Case Age9

These Rules became effective January 19, 2015 “CNMI Rules for Mandatory Alternative Dispute Resolution.”

CITE AS: nmi r. adr

ACCORDING TO THE RULES MEDIATION IS DESIREABLE Because litigation is costly, time consuming and stressful for the parties involved. S 1001 (b) It provides parties with a simplified and economical procedure for obtaining a prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving their disputes. S 1001 (c) Greatest benefit for the parties in a civil action when used early, before substantial discovery has been undertaken and other litigation costs have been incurred. S 1001 (d)

Lets identify what we are talking about when we are talking about ADR. Mostly we are referring to mediation which is defined in the rules to mean: “a process by which a neutral person or persons facilitate(s) communication between disputants to assist them in reaching a mutually acceptable agreement for the resolution of one or more of their disputes.”

About now your lawyer brains are saying “So what do these rules apply to?” Answer: They apply to all civil actions except small claims actions and family law matters. S 1003 (a) Obviously these rules do not apply to criminal cases. Family court already has mediation services and small claims is really just modified mediation for the most part. So which cases do these Rules affect? All cases filed after January 1, 2015.

Like all good legal rules there is an exception. These rules could be applicable to cases filed prior to January 1, 2015 if “any party” makes a request for mediation. S 1003 (e)

All civil actions pending in the CNMI Superior Court after January 1, 2015, whether or not the action includes a prayer for equitable relief, and whether or not a party to the action is an agency of the CNMI government, shall be ordered to non-binding mediation by the presiding judge or the judge to whom such action is assigned, unless good cause is established for allowing the action to proceed without submission to mediation. S 1004

Once the mediation is ordered, the action is stayed until mediation is over. S 1005

So you filed a new case, how does all of this mediation kick in? After the case becomes “at issue” then the plaintiff has 21 days to file a Request for an Initial Case Management Conference & Mediation Assessment Hearing. (“ICMC &MAH”) You thought Com R. Civ. Pro. was hard to remember! S 1007 (a) So next step is the mediation and that begins by selection of the mediator, which per Rule 1011 is done by the court from an approved list of mediators.

Obviously, as you all know mediation is usually borne by all the parties involved and usually equally, unless the parties agree otherwise. How much will mediators charge per hour? There will be an approved maximum fees schedule. However cheap had to reconciled with who would agree to do it. Low rate might result in lack of success. Furthermore, one or two days of mediation if it resolves the case saves a lot of time and money. Who pays and much will it cost?

If there is a good reason why you don’t believe mediation is appropriate in your case then you can a motion for relief from mediation as outlined in S 1017.

These rules are meant to facilitate settlement, so they allow admissible evidence but also allow inadmissible evidence to be used in mediation. However, while admissible evidence can be used at trial later, inadmissible evidence cannot. Any admissions cannot be used either. SS 1022,23 As for the mediator the rules provide for immunity similar to that of a special master. S 1021.

If you don’t show up for mediation there are consequences! Maybe not so severe but obvious the usual financial sanctions might be imposed not only for mediator but opposing part expenses. S 1025

OK so lets say you went to the mediation and you have a settlement as a result. The settlement can be incorporated into a judgment and the court can retain jurisdiction for enforcement purposes. S 1027 Obviously, if unsuccessful in mediation, the next step will be a Post Mediation Case Management Conference. Or a PMCMC. S 1028 Obviously this will be for the purpose of determining what happens next in the case. The rules don’t specify how the court will know that the mediation is over. I imagine the mediator will notify the court of that fact.