(a) Any party who commences an action, proceeding or claim within the court’s jurisdiction or against whom such an action, proceeding or claim is commenced, which, in his or her opinion, may be adjusted without resort to a trial, may apply to the court for the issuance, in the discretion of the court, of a notice of conciliation, or the court on its own motion may order such conciliation. However, such conciliation conference may be ordered only upon the prior written consent of the parties that, should the controversy not be resolved by conciliation, the justice who presides over the conciliation conference may preside over a subsequent trial of the action, proceeding or claim.
(b) If the court so orders, the clerk shall immediately fix a date for a conciliation conference and shall mail notice to all parties to the controversy. At least 10 days’ notice shall be given, exclusive of the day of mailing. The notice shall designate the address of the court and the time and date where the hearing will be held.
(c) Conciliation conferences shall be informal, and the justice presiding shall endeavor to effect an amicable and equitable adjustment between the parties. The justice shall permit either party to be assisted by counsel, but no record of the proceeding shall be kept. At the conference, the justice shall not be bound by the rules regarding admissibility of evidence.
(d) The justice shall direct the clerk to make an entry in the docket hereinafter referred to of the terms of the settlement or that no settlement was effected. No judgment or order enforceable by law shall be rendered or made by the justice except upon the consent or written stipulation of the parties.
(e) A docket shall be kept wherein proper entries of all proceedings shall be made. Such docket may not be offered in evidence or referred to upon any subsequent trial of the controversy.
Historical Note
Sec. filed Feb. 16, 1988 eff. April 1, 1988.