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/her own judgment on the issues for that of the parties.
Conditions Precedent to Serving as Mediator:
The mediator shall not serve as a mediator in any dispute in which he/she 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.
Authority of Mediator:
The mediator does not have the authority to decide any issues 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.
Parties Responsible for Negotiating Their Own Settlement:
The parties understand that the mediator will not and cannot impose a settlement in their case. 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 such persons shall be communicated in writing to all parties and 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 and 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.
Providing of Information:
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 information.
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 mediaton.
Mediator's Responsibility for 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 the mediator while serving in the 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 order shall pay all reasonable fees and expenses of the mediator and other parties, including reasonable attorneys fees, incurred in opposing the efforts to compel testimony or records from the mediator.
Parties Responsibility for Confidentiality:
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) vies expressed or suggestions made by another party with respect to a possible settlement of the dispute; b) admissions made by another party had or had not indicated willingness to accept a proposal for settlement made by the mediator.
No Stenographic Record:
There shall be no stenographic record of the mediation process and no person shall tape record any portion of them mediation.
No Service or Process at or Near the Site of 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.
Termination of Mediation:
The mediation shall be terminated: a) by the execution of a settlement agreement by the parties; b) by the declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or c) after the completion of the full mediation session, by a written declaration of a party of parties to the affect that the mediation proceedings are terminated.
Interpretation and Application of Rules:
The mediator shall interpret and apply these rules.
Fees and Expenses:
The mediation daily fee, if agreed upon prior to mediation, 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 at the direct request of the mediator, shall be borne equally by the parties unless they agree otherwise.
