VIRGIN ISLANDS RULES OF CIVIL PROCEDURE Rule 90. Civil Mediation

• Jurisdiction: United States

Rule 90. Civil Mediation

(a) Definition. "Mediation" means a process whereby a neutral third person called a "mediator" acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem-solving and exploring settlement alternatives.

(b) Exclusions from Mediation. The following types of actions shall not be referred to mediation:

(1) Criminal actions;
(2) Appeals from rulings of administrative agencies;
(3) Forfeitures of seized property;
(4) Habeas corpus and extraordinary writs; or
(5) Other matters as may be specified by order of a judge.

(c) Referral for Mediation; Party Agreements. Except as provided in subpart (b) of this Rule, a judge may order any matter to be referred to mediation. The parties to any contested civil matter may file a written stipulation to mediate any issue between them at any time, and may agree upon a mediator to serve in that process. Such stipulation shall be incorporated into the order of referral.

(d) Procedure.

(1) Conference or Hearing Date. Unless otherwise ordered by the court, the first mediation conference shall be held within 60 days of the order of referral.
(2) Role of Counsel. Unless otherwise ordered by the court, counsel to the parties shall attend and participate in the mediation conference.
(3) Notice. Within 14 days after the order of referral, the parties shall notify the court of the agreed mediator and the date and place of mediation. If the parties cannot agree upon a mediator the plaintiff or petitioner shall so notify the court within such 14 days and the court shall appoint a certified or otherwise qualified mediator, as provided in subpart (i) of this Rule, selected by rotation or by such other procedures as may be adopted by administrative order of the court.
(4) Rescheduling. A mediator or the parties by agreement are authorized to change the date and time for the mediation conference, provided the conference takes place within the deadline for the mediation. Any continuance of the conference beyond that time must be approved by the judge.
(5) Location. The mediation conference shall take place at a site designated by the court or any other place stipulated to by the parties.
(6) Discovery. Discovery may continue throughout mediation. Such discovery may be delayed or deferred upon agreement of the parties or by order of the court.
(7) Communication with Parties. The mediator may meet and consult with the parties

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