NORTHERN MARIANA ISLANDS RULES FOR
MANDATORY ALTERNATIVE
DISPUTE RESOLUTION
Table of Contents
§ 1001 Title, Findings and Purpose
§ 1002 Definition of Mediation
§ 1003 Actions to Which Title Applies
§ 1004 Actions to be Submitted to Mediation
§ 1005 Stay of Actions Ordered to Mediation
§ 1006 Initiation of Mediation
§ 1007 Initial Case Management Conference & Mediation Assessment Hearing
§ 1008 Determination for Order for Mediation
§ 1009 Amount in Controversy
§ 1010 Order for Mediation
§ 1011 Selection of Mediator
§ 1012 List of Court-Approved Mediators
§ 1013 Qualifications of Mediators
§ 1014 Mediator Standards of Conduct
§ 1015 Court-Approved Mediator Fee Schedule
§ 1016 Costs of Mediation & Financial Requirements
§ 1017 Relief from Court-Ordered Mediation
§ 1018 Financial Accommodation for Indigent Parties
§ 1019 Failure to Comply with Financial Requirements
§ 1020 Conduct of Mediation
§ 1021 Mediator Immunity
§ 1022 Evidence Admissible
§ 1023 Evidence Not Admissible
§ 1024 Confidentiality of Mediation and Communications in the Course of Mediation
§ 1025 Sanctions for Non-Appearance at Mediation
§ 1026 Termination of Mediation
§ 1027 Enforcement of Settlement as Judgment
§ 1028 Post-Mediation Case Management Conference
§ 1029 Other Types of ADR
§ 1030 Repeal of Commonwealth Rules Governing Court-Appointed, Certified Mediators
§ 1031 Tolling of Time for Calculation of Case Age
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“CNMI Rules for Mandatory Alternative Dispute Resolution.”
These Rules became effective
January 19, 2015
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.
Who pays and much
will it cost?
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.
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.