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Mediation Requests and Financial Accommodations in CNMI Courts

New Rules Streamline Dispute Resolution in the Commonwealth of the Northern Mariana Islands

To improve the efficiency of dispute resolution in the Commonwealth of the Northern Mariana Islands (CNMI), new rules have been introduced regarding mediation requests and financial accommodations for indigent parties. These changes aim to provide more flexibility and support for resolving disputes in a fair and timely manner.

Mediation Requests

Under the revised rules, a party opposed to mediation may request relief from an order for mediation and ask the court to keep the case in its assigned judge’s docket. This request must be filed within 10 days of the mediation order and provide reasons why the case is not suitable for mediation at that time.

  • The opposing parties have five days to file a reply, and the court will then rule on the request within 15 days.
  • If the request is granted, the case will be removed from mediation and returned to its normal docket. If denied, the mediation order will remain in effect.

Financial Accommodations for Indigent Parties

The CNMI government has also been given flexibility in its role as a party to civil actions involving mediation. In such cases, it may either proceed with mediation or request an order for mandatory settlement conference, which will be conducted by a Superior Court judge or judge pro tempore.

Additionally, the rules have introduced financial accommodations for indigent parties involved in mediation. An indigent party may request financial accommodation for mediation costs, and the court must rule on this request within 10 days without holding a hearing.

  • However, not all parties qualify for financial accommodation. Those represented by an attorney who is providing legal services pro bono or on behalf of a non-profit legal services provider are exempt from this requirement.
  • In cases where an indigent party is granted status, one of three options will occur:
    • Other parties may agree to pay the indigent party’s share of mediation fees and costs.
    • The mediator may reduce their fee and/or waive entitlement to receive the indigent party’s share of fees and costs.
    • The parties and mediator may enter into an agreement that alleviates the financial burden.

Effective Date

The revised rules are effective as of December 13, 2021, aiming to provide more flexibility and support for dispute resolution in the CNMI.