Sample
CR 100 EARLY NEUTRAL EVALUATION ORDER - AJP
This case being appropriate for Early Neutral Evaluation, it is hereby
ORDERED that pursuant to CR 100(i)(1), the parties shall have an Early Neutral Evaluation on or before ________, by participating in a neutral focus group evaluation hereof, mediated by The Alaska Jury Project of 455 3rd Ave. #225, Fairbanks, AK 99701 (907) 456-5400. It is further
ORDERED that the parties shall fully cooperate with the mediator, including providing a confidential brief to the mediator, explaining the party's view of the dispute. Each party's brief may not exceed five pages in length and must be provided to the mediator not less than three days prior to the mediation. A party's mediation brief may not be disclosed to anyone without the party's consent and is not admissible in evidence. It is further
ORDERED that the mediation/focus group be conducted in informal conference at locations designated by the mediator. The mediator shall schedule an initial conference, meeting with all parties. Thereafter the mediator may meet with the parties separately. Counsel for a party may attend all conferences attended by that party. It is further
ORDERED that the parties shall pay mediation expenses as follows:
_______ % by Plaintiff; and
_______ % by Defendant.
Total mediation costs shall not exceed $__________ per party [normally, $500] and shall be paid to the mediator in advance of the initial conference date. It is further
ORDERED that the mediator may withdraw, or the mediation may terminate, without refund, if either of the parties or mediator determines that mediation efforts are likely to be unsuccessful. Upon withdrawal by a party or termination by the mediator, the mediator shall notify the court that mediation efforts have been terminated. It is further
ORDERED that all early neutral focus group proceedings shall be held in private and are confidential. The mediator shall not testify as to any aspect of the mediation proceedings. Evidence of conduct or statements made in the course of court-ordered mediation is inadmissible to the same extent that conduct and statements are inadmissible under Alaska Rule of Evidence 408. This rule does not relieve any person of a duty imposed by statute. It is further
ORDERED that if the mediation is successful, the (plaintiff / defendant) shall prepare a stipulation for dismissal which dismisses all or such portions of the action as have been concluded by mediation as agreed upon at the mediation.
DATED this ___ day of ___________, 200__.
______________________________________
Alaska State Court Judge / Magistrate
