Okla. Stat. tit. 85, Rule 53
Mediation Process and Fees
Effective Jan 30, 2006Adopted by order of the Supreme Court, 1997 OK 130, eff. November 1, 1997; Renumbered from former Rule 49 by order of the Supreme Court, 2002 OK 6, eff. March 1, 2002; Renumbered from former Rule 38A and amended by order of the Supreme Court, 2006 OK 6, eff. January 30, 2006 (superseded docment available).
- A. A trial judge assigned to a case, on his or her own motion or at the request of any of the parties upon the filing of a Form 13, may refer the case, or any portion thereof, to a judicial settlement conference. The settlement conference shall be conducted by any Workers' Compensation Court Judge or an Active Retired Judge sitting by special designation for that purpose, other than the trial judge assigned to the case. The settlement judge may participate in the case in future settlement conferences, if any, and otherwise shall be disqualified from conducting or participating in any hearings, trials or three-judge panel appeals concerning the case. The setting of a settlement conference by the Court, or a request for a settlement conference by any party, shall not preclude any party from filing a Form 9.
- B. The settlement judge, all counsel and parties, and any other persons attending the settlement conference shall treat as confidential all written and oral communications made in connection with or during any settlement conference. Neither the settlement conference statements nor communications during the conference with the settlement judge may be used by any party in the trial of the case. The settlement judge shall not have any communications regarding the case or the settlement conference with the assigned trial judge other than to advise the trial judge that a settlement was or was not reached.
- C. At the conclusion of the settlement conference or any continuation thereof, the settlement judge shall advise the Court Administrator whether or not the case settled. If the parties reach a settlement agreement, the settlement judge may approve a Joint Petition, Form 14 Order, or Order of Dismissal, or enter such further order within the Court's jurisdiction as may be necessary to effectuate the agreement of the parties.
Adopted by order of the Supreme Court, 1997 OK 130, eff. November 1, 1997; Renumbered from former Rule 49 by order of the Supreme Court, 2002 OK 6, eff. March 1, 2002; Renumbered from former Rule 38A and amended by order of the Supreme Court, 2006 OK 6, eff. January 30, 2006 (superseded docment available).