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 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 denied 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. File Mediator shall act as an advocate for
resolution and shall use his best efforts to assist the parties in reaching a mutually acceptable
4. Conditions Precedent to Serving As Mediator
-- The Mediator will only serve in cases in which the parties are represented by attorneys. 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 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 same, 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
9. Time and Place of Mediation -- The Mediator
shall fix the nine 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
10. Identification of Matters in Dispute --
Prior to the first scheduled mediation session, each party shall provide the Mediator and all attorneys of
record with an Information Sheet and Request For Mediation on the form provided 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 Mediation.
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 fortune. 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 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 (flat 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 record any portion of the mediation
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
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 tinder 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 based on the Mediator’s Fee Schedule and such amount will be set forth in the Mediator’s
Confirmation letter. All mediation fees, except hourly fees for extended sessions, shall be paid in advance of
each mediation day. Additional hourly fees shall be due on receipt of the Mediator’s Invoice for such services.
Unpaid mediation fees over 30 days past due shall bear interest at the rate of 18% per
19. Cancellation Fee Agreement - Once a case has been set for mediation and the Mediator’s
Confirmation letter has been sent, the parties recognize that the mediator’s calendar has been reserved, and
they must therefore provide the mediator at least two (2) weeks advance written notice of cancellation. For
sessions confirmed on less than 2 weeks notice, the parties must provide the mediator at least three (3)
business days advance written notice of cancellation. In the absence of such advance written notice, the
parties shall pay the mediator fifty percent (50%) of the mediation fee as an agreed cancellation