| Mediation Rules |
1. 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, but may not impose her own judgment on
the issues for that of the parties.
2. Agreement of 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.
3. 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.
4. Conditions Precedent to Serving As Mediator. The Mediator shall not
serve as a mediator in any dispute in which she has any financial or personal
interest in the result of the mediation. Prior to accepting an appointment, the
Mediator shall disclose any circumstance likely to create a presumption of bias or
prevent a prompt meeting with the parties. In the event that the parties disagree
as to whether the Mediator shall serve, the Mediator shall not serve.
5. 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 to achieve
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.
6. 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 possible.
7. 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.
8. Authority of Representatives. PARTY REPRESENTATIVES MUST HAVE
AUTHORITY TO SETTLE AND ALL PERSONS NECESSARY TO THE DECISION
TO SETTLE SHALL BE PRESENT OR SHALL BE IMMEDIATELY ACCESSIBLE BY
PHONE. IN THE LATTER CASE, THE PARTY REPRESENTATIVE SHOULD HAVE
ACCESS BY TELEPHONE TO THOSE WHO WILL IN ALL PROBABILITY RELY ON
THE RECOMMENDATION OF THE REPRESENTATIVE PRESENT AT THE
MEDIATION. The names and addresses of such persons shall be
communicated in writing to all parties and to the Mediator.
9. 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.
10. Identification of Matter in Dispute. Prior to the first scheduled mediation
session, each party has the right to send the Mediator a Confidential Position
Paper discussing the factual and legal issues and any other matters that may
influence settlement. The parties may do so in letter form, not to exceed five
pages, or they can fill out a Case Information Sheet provided by the mediator. In
very complex and/or multi-party cases, upon agreement of the parties and the
mediator, the parties may submit as much additional information as necessary to
facilitate more meaningful mediation.
11. Privacy. 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.
12. Confidentiality. 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 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 any 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 confidentiality of the mediation and shall not rely
on, or introduce as evidence in any arbital, 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.
13. No Stenographic Record. There shall be no stenographic record of the
mediation process and no person shall tape or video record any portion of the
mediation session.
14. No Service or Process at or near the site of the Mediation Session. No
subpoenas, summons, complaints, citations, writs or other process may be
served upon any person at or near the site of any mediation session upon any
person entering, attending or leaving the session.
15. 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.
16. Exclusion of Liability. The Mediator is not a necessary or proper party in
judicial proceedings relating 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.
17. Interpretation and Application of Rules. The Mediator shall interpret and
apply these rules.
18. Fees and Expenses. The Mediator's daily fee shall be agreed upon prior
to mediation and shall be paid upon completion of the mediation. 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 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
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, but may not impose her own judgment on
the issues for that of the parties.
2. Agreement of 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.
3. 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.
4. Conditions Precedent to Serving As Mediator. The Mediator shall not
serve as a mediator in any dispute in which she has any financial or personal
interest in the result of the mediation. Prior to accepting an appointment, the
Mediator shall disclose any circumstance likely to create a presumption of bias or
prevent a prompt meeting with the parties. In the event that the parties disagree
as to whether the Mediator shall serve, the Mediator shall not serve.
5. 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 to achieve
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.
6. 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 possible.
7. 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.
8. Authority of Representatives. PARTY REPRESENTATIVES MUST HAVE
AUTHORITY TO SETTLE AND ALL PERSONS NECESSARY TO THE DECISION
TO SETTLE SHALL BE PRESENT OR SHALL BE IMMEDIATELY ACCESSIBLE BY
PHONE. IN THE LATTER CASE, THE PARTY REPRESENTATIVE SHOULD HAVE
ACCESS BY TELEPHONE TO THOSE WHO WILL IN ALL PROBABILITY RELY ON
THE RECOMMENDATION OF THE REPRESENTATIVE PRESENT AT THE
MEDIATION. The names and addresses of such persons shall be
communicated in writing to all parties and to the Mediator.
9. 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.
10. Identification of Matter in Dispute. Prior to the first scheduled mediation
session, each party has the right to send the Mediator a Confidential Position
Paper discussing the factual and legal issues and any other matters that may
influence settlement. The parties may do so in letter form, not to exceed five
pages, or they can fill out a Case Information Sheet provided by the mediator. In
very complex and/or multi-party cases, upon agreement of the parties and the
mediator, the parties may submit as much additional information as necessary to
facilitate more meaningful mediation.
11. Privacy. 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.
12. Confidentiality. 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 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 any 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 confidentiality of the mediation and shall not rely
on, or introduce as evidence in any arbital, 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.
13. No Stenographic Record. There shall be no stenographic record of the
mediation process and no person shall tape or video record any portion of the
mediation session.
14. No Service or Process at or near the site of the Mediation Session. No
subpoenas, summons, complaints, citations, writs or other process may be
served upon any person at or near the site of any mediation session upon any
person entering, attending or leaving the session.
15. 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.
16. Exclusion of Liability. The Mediator is not a necessary or proper party in
judicial proceedings relating 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.
17. Interpretation and Application of Rules. The Mediator shall interpret and
apply these rules.
18. Fees and Expenses. The Mediator's daily fee shall be agreed upon prior
to mediation and shall be paid upon completion of the mediation. 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 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
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