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 the mediator's own judgment on the issues for that of the parties.
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.
The parties understand that the mediator will not and cannot impose a settlement of 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.
Party representatives (when applicable) 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.
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.
The mediator shall fix the time of each mediation session. The mediation shall be held at any convenient location agreeable to the mediator and the parties, as the mediator shall determine.
At or before the first session of mediation, the parties will be expected to produce all information reasonably required for the mediator
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 the consent of the mediator.
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 reasonable fees and expenses of the mediator and other parties, including reasonable attorney fees incurred in opposing the efforts to compel testimony or obtain 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:
There shall be no stenographic record of the mediation process and no person shall tape record any portion 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.
The mediation shall be terminated:
The mediator is not a necessary or proper party in 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.
The mediator shall interpret and apply these rules.
© Copyright John Delaney 2020