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PRIVATE MEDIATION Private Mediation Referral Process The Private Mediation Roster, compiled by the Court, provides a list of highly qualified mediators for parties who can afford private services to resolve complex financial and property issues. For cases without specialized issues or where parties cannot afford private mediation, the Court’s Mediation Services Program remains available at no additional cost. Roster of Private Mediators The roster includes mediators who meet the Supreme Court’s Rules of Superintendence for mediation training and are approved to handle divorce, custody, and support cases. It provides contact information, hourly rate, deposit details, case preferences, and other relevant notes. The roster is maintained and updated by the Dispute Resolution Department. Selecting a Private Mediator When a case is deemed suitable for mediation, the Court may order private mediation (as opposed to the court-connected mediation services). The list of private mediators can be provided to the parties without the Court’s input to maintain neutrality, or the Court may suggest a mediator based on the case’s complexity. Private mediation should be considered when one or more of the following issues arise: - Complex property division or business ownership
- Complex income issues affecting child or spousal support
- A party or third party resides outside the United States
Additionally, parties should assess their ability to pay for private mediation before proceeding. Private Mediation Court Order A specific court order/entry is required for private mediations. This document, Entry Order for PRIVATE Mediation, is available in the “Forms” section of the Court’s website. It must be filled out with the mediator's name and other pertinent details to ensure timely processing. The order includes information about timeframes, documents to exchange, issues to address, payment details, interpreter needs, and contact information for all parties. Filing the Order Courtroom staff and attorneys should file the completed mediation order electronically via e-flex using the “Order for Mediation Assessment” action code. A courtesy copy of the order should be emailed to DRJ_DisputeResolution@fccourts.org with the subject line “Private Mediation Order.” The Dispute Resolution Department will track private mediations. Payment and Enforcement A private mediator is not obligated to begin work until fees are paid. If parties fail to mediate due to non-payment, the Court may enforce the mediation order through sanctions as outlined in item 13 of the order.”
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