RULES OF MEDIATION
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 disputes, but may not impose his 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/her best efforts to assist the
parties in reaching a mutually acceptable settlement.
4. Conditions Precedent to Serving As Mediator. The Mediator will only serve
in cases in which the parties are represented by attorneys unless agreed
otherwise by the mediator and the parties. The mediator shall not serve as a
mediator in any dispute in which he has any financial or personal interest
in the result of the mediation. Prior to accepting an appointment, the
Mediator shall disclose any circumstances 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 the 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 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 at all 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. The names and addresses of such persons shall be communicated in
writing to all parties and to the Mediator prior to the mediation.
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 Matters in Dispute. Prior to the first scheduled
mediation session, each party shall provide the Mediator with confidential
information in the form requested by the Mediator setting forth its position
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.
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 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 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 relay on, or 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.
13. No Stenographic Record. There shall be no stenographic record made of
the mediation process.
14. No Service of 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 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.
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 in advance of each mediation day. 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.