Mediation Rules

Mediation is a process through which an impartial person or neutral known as the Mediator facilitates communication between or among the parties to assist them in reconciling, settling or resolving an existing dispute. The Mediator may not impose his or her judgment on the issues but rather the Mediator allows the parties to evaluate the strengths and weaknesses of their positions in the dispute such that the parties can determine whether a resolution is feasible. The Mediator shall act as an advocate for resolution and shall use his or her best efforts to assist the parties in reaching a mutually acceptable settlement.

The parties’ agreement to mediate is deemed to also be an agreement to be bound by these rules. The parties must also agree and consent to the appointment of the Mediator in their case.

Conditions Precedent to Service as a Mediator
The Mediator will only serve in cases in which the parties are represented by attorneys, unless a pro se litigant agrees in advance of the mediation to sign an acknowledgement that the Mediator does not give legal advice or serve as counsel for any party to the mediation. The Mediator shall not serve as a mediator in any dispute in which he or she has a financial or personal interest in the result of the mediation. Prior to accepting the appointment, the Mediator shall disclose any circumstance likely to create a presumption of bias. In the event the parties disagree as to whether the Mediator shall serve, the Mediator shall not serve.

Authority of Mediator
The Mediator does not have the authority to decide any issue for the parties. The Mediator’s role is to facilitate a voluntary resolution of the dispute. The Mediator will conduct joint and separate meetings with the parties to offer suggestions that may assist the parties in achieving settlement. The Mediator cannot force settlement of a case. Such settlement, if any, must be voluntarily agreed to by the parties. Further, the Mediator does not and cannot warrant or represent that settlement will result from the mediation process since such success is exclusively in the control of the parties.

Authority of Party Representatives
Party representatives who attend or participate virtually in the mediation must have authority to settle. Further, all persons necessary to the decision to settle shall be present or otherwise participate. The names and addresses of the persons attending and participating in the mediation shall be communicated in writing to all parties and to the Mediator.

Privacy of the Mediation
Mediation sessions are private. Only the parties and their representatives may attend the mediation session. Other persons may attend only with the agreement of all parties and the consent of the Mediator.

Confidentiality of the Mediation
The parties shall maintain the confidentiality of the mediation and shall not rely upon or introduce any evidence gathered from the mediation in any arbitration, judicial, or other proceeding. This includes views expressed at the mediation, any suggestions made by another party with respect to a possible settlement of the dispute, admissions made by another party in the course of the mediation proceedings, proposals made or views expressed by the Mediator, or the fact that another party had or had not indicated a willingness to accept a proposal for settlement made by the Mediator at the request of all parties.

The Mediator shall not disclose confidential information given to him or her by the parties during the course of the mediation. All records, reports or other documents shared with the Mediator while serving in that capacity shall be confidential. The Mediator may not be compelled to divulge such records or to testify with respect to the mediation in any adversary proceeding or judicial forum. Any party who violates this agreement shall pay all 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.

No Stenographic, Audio or Video Record of the Mediation
There shall be no stenographic, audio or video recording of the mediation.

No Service of Process at or near the Site of the Mediation
No subpoenas, summons, complaints, citations, writs or other process may be served upon any person at or near the site of the mediation session or upon any person entering, attending or leaving the mediation session.

Identification of Matters in Dispute for the Mediation
Prior to the scheduled mediation session, each party shall provide the Mediator with an Information Sheet and Request for Mediation on the form provided by the Mediator. These items shall set forth each party’s position with regard to the issues that need to be resolved. In addition, each party may provide the Mediator with a Confidential Mediation Memorandum setting forth any matters or background which that party would like to share with the Mediator confidentially.

During the Mediation
The parties and their representatives are required to address each other with courtesy and respect at all times. The parties and their representatives are reminded to actively listen to different viewpoints and to the extent possible, to consider these with an open mind.

Termination of the Mediation
The mediation shall be terminated by a) the execution of a settlement agreement by the parties, b) by the Mediator’s declaration that further efforts at mediation are no longer productive, or c) following a full day of the mediation session, by an agreement of the parties that the mediation proceedings are terminated.

Exclusion of Liability
The Mediator is not a necessary or proper party in any judicial proceedings relating to the mediation. The Mediator shall not be liable to any party for any act or omission in connection with any mediation conducted under these rules.

Interpretation and Application of these Rules
The Mediator shall interpret and apply these Rules.

Fees and Expenses
The Mediator’s daily fee shall be agreed upon prior to the mediation and shall be paid in advance of the mediation. The expenses of the witnesses for either side shall be paid by the party producing such witness. All other expenses of the mediation, including the fees and expenses of the Mediator, shall be borne equally by the parties unless they agree otherwise.