| (a) Upon receiving the report of an unsuccessful mediation, the Chief Judge shall enter an order of referral of the matter to a special judge. (b) The order of referral shall: (1) name the special judge on whom the parties agreed, or if the parties did not agree on a judge, appoint a special judge; (2) state the issues to be referred; (3) set out the time and place on which the parties agree for the trial; (4) require each party to pay the party's proportionate share of the special judge's fee; and (5) certify that the parties have waived the right to trial by jury. If either party fails or declines to provide a written waiver within seven days after the Chief Judge or the Chief Judge's designee requests them to do so, the referral shall not be made. |
