David Kerrick Mediation Services

Dave Kerrick is available to help litigants resolve their differences through mediation, conciliation, neutral evaluation, and other methods of ADR. He is a registered civil case mediator with the Idaho Supreme Court. He is a registered mediator with the U.S. District Court for the District of Idaho. And he is a registered private civil litigation evaluator with the Idaho Supreme Court. He received his J.D. from the University of Idaho College of Law and has been formally trained in mediation at the Northwest Institute for Dispute Resolution and the Straus Institute for Dispute Resolution. He has over 29 years of experience in civil litigation.

State Court Mediation Rule 16(k)
   Idaho State Courts have the authority to order a case to mediation upon motion by a party, or at any pre-trial conference, or upon consideration of a request for trial setting if all parties indicate mediation would be beneficial, or at any other time upon 7 days notice to the parties if the court determines mediation is appropriate.
   The parties then have 28 days from entry of the mediation order, or such other time as the court may allow, to select any person to act as mediator and report their selection to the court. If the parties do not select a mediator within 28 days, then the court shall appoint a mediator from the roster of registered mediators.
   Unless otherwise ordered by the court, the initial mediation session shall take place within 42 days of the selection/appointment of the mediator.

Federal Court Mediation Rule 16.5
   No later than 10 days prior to the Rule 16 scheduling conference, unless otherwise ordered, the parties must meet and confer about whether they might benefit from participating in some ADR process, which type of ADR process is best suited to their case, and when the most appropriate time would be for the ADR session to be held. In their case management statement, the parties must report their views about the utility of ADR, which ADR procedure would be most appropriate, and when the ADR session should occur.
   After considering the parties’ submissions, the court may order the parties to participate in ADR. The court may refer the case to mediation or, with the consent of all parties, to arbitration, or to an ADR procedure which, by stipulation of all parties, has been tailored to meet the specific needs of the case.
   Notwithstanding the foregoing, at any time before entry of final judgment, the court may, on its own motion or at the request of any party, order the parties to participate in mediation or, with the consent of all parties, arbitration.

State Court Neutral Evaluation (SLRA) I.C. 7-1501 et seq.
   Under Idaho's Small Lawsuit Resolution Act, any party in an action seeking only money damages of less than $25,000 may elect to obtain a non-binding neutral evaluation of the case.  The parties may agree to undergo mediation or continue with neutral civil case evaluation.
   In neutral evaluation under the SLRA, the parties put on evidence to a neutral evaluator who then issues a decision.  The parties can accept the decision or either party may decline the evaluator's decision and return the case to traditional litigation and trial.  The SLRA provides an incentive to accept the evaluator's decision by providing that the appealing party must improve its position by 15% or will pay the other party's costs and fees.
   Upon filing the notice to initiate SLRA proceedings the parties are required to confer to determine if they wish to undertake evaluation or mediation.  If they agree to mediate they may agree upon a mediator or utilize an individual selected pursuant to the evaluator selection provisions.  SLRA Forms , see also IRCP 85.

David Kerrick
1001 Blaine
PO Box 44
Caldwell, ID 83606
(208) 459-4574
(208) 459-4573 fax