Rules for Mediation
- Definition of Mediation. Mediation is a process under which an
impartial person, the Mediator, facilitates communication between the parties to
promote reconciliation, settlement, or understanding among them. The mediator
may suggest ways of resolving the dispute.
- Agreement of the Parties. Whenever the parties have agreed to
mediation, they shall be deemed to have made these rules, as amended and in
effect as of the date of the submission of the dispute, a part of their
agreement to mediate.
- Consent to Mediator. The parties consent to the appointment of the
individual named as mediator in their case. The Mediator shall act as an
advocate for resolution and shall use his best efforts to assist the parties in
reaching a mutually acceptable settlement.
- Conditions Precedent to Serving as Mediator. It is presumed that
there is no conflict to prevent the Mediator from serving. If any party or the
Mediator know of a conflict, It should be revealed and considered.
- Authority of Mediator. The Mediator does not have the authority to
decide any issue for the parties, but will attempt to facilitate the voluntary
resolution of the dispute by the parties. The Mediator is authorized to conduct
joint and separate meetings with the parties and to offer suggestions to assist
the parties in achieving settlement. If necessary, the Mediator may also obtain
expert advice concerning technical aspects of the dispute, provided that the
parties agree and assume the expenses of obtaining such advice. Arrangements for
obtaining such advice shall be made by the Mediator or the parties, as the
Mediator shall determine.
- Commitment to Participate in Good Faith. While no one is asked to
commit to settle their case in advance of mediation, all parties commit to
participate in the proceedings in good faith with the intention to settle, if at
- Parties Responsible for Negotiating Their Own Settlement. The parties
understand that the Mediator will not and cannot impose a settlement in their
case and agree that they are responsible for negotiating a settlement acceptable
to them. The Mediator, as an advocate for settlement, will use every effort to
facilitate the negotiations of the parties. The Mediator does not warrant or
represent that settlement will result from the mediation process.
- Authority of Representatives. Party representatives must have
authority to settle and all persons necessary to the decision to settle shall be
present. The names and addresses of each person shall be communicated in writing
to the Mediator.
- Time and Place of Mediation. The Mediator shall fix the time of
each mediation session. The mediation shall be held at the office of the
Mediator, or at any other convenient location agreeable to the Mediator and the
parties, as the Mediator shall determine.
- Identification of Matters in Dispute. Prior to the first scheduled
mediation session, each party shall provide the Mediator with an Information
Sheet and Request for Mediation on the form provided by the Mediator, setting
forth its positions with regard to the issues that need to be resolved.
At or before the first session, the parties will be expected to produce all
information reasonably required for the Mediator to understand the issues
presented. The Mediator may require any party to supplement such information.
- Mediation Sessions are Private. The parties and their
representatives may attend mediation sessions. Other persons may attend only
with the permission of the parties and with the consent of the Mediator.
- Confidentially. Confidential information disclosed to a Mediator
by the parties or by witnesses in the course of the mediation shall not be
divulged by the Mediator. All records, reports, or other documents received by a
mediator while serving in that capacity shall be confidential. The Mediator
shall not be compelled to divulge such records or to testify in regard to the
mediation in an adversary proceeding or judicial forum. Any party that violates
this agreement shall pay all fees and expenses of the Mediator and other
parties, including reasonable attorney's fees incurred in opposing the efforts
to compel testimony or records from the Mediator.
The parties shall maintain the confidentially of the mediation and shall not
rely upon, nor introduce as evidence in any arbitral, judicial, or other
proceeding: a) views expressed or suggestions made by another party with respect
to a possible settlement of the dispute; b) admissions made by another party in
the course of the mediation proceedings; c) proposals made or views expressed by
the Mediator; or d) the fact that another party had or had not indicated
willingness to accept a proposal for settlement made by the Mediator.
- No Record. There shall be no record recorded, handwritten notes,
or any form of recording of the mediation process.
- Termination of Mediation. The mediation shall be terminated: a) by
the execution of a settlement agreement by the parties; b) by declaration of the
Mediator to the effect that further efforts at mediation are no longer
worthwhile; or c) after the completion of one full mediation session, by a
written declaration of a party or parties to the effect that the mediation
proceedings are terminated.
- Exclusion of Liability. The Mediator is not a necessary or proper
party in judicial proceedings relating to the mediation. Neither Mediator nor
any law firm employing Mediator shall be liable to any party for any act or
omission in connection with any mediation conducted under these rules.
- Interpretation and Application of Rules. The Mediator shall
interpret and apply these rules.
- Fees for Mediation and Expenses. The Mediator's fee shall be
agreed upon prior to mediation and paid according to the fee policy as set out
on page (2) and page (3) of the attached Mediation Brochure. The expenses of
witnesses for either side shall be paid by the party producing such witnesses.
All other expenses of the mediation, including fees and expenses of the
Mediator, and the expenses of any witness and all the cost of any proofs or
expert advice produced at the direct request of the Mediator, shall be borne
equally by the parties unless they agree otherwise.
- Any conflict between these rules and any court order to which the
mediation is subject, shall be controlled by the court order.
- The mediator acts as a neutral intermediary for the parties. The mediator
cannot and will not act as as advocate for any of the parties. Additionally, in
the event the mediator assists in preparing a written settlement agreement
pursuant to a mediation, each participant should have the settlement agreement
independently reviewed by the participant's counsel before executing the
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