Mediation  Arbitration  Trial by Special Judge


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 the mediator's own judgment on the issues for that of the parties.

2. 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 to achieve settlement.

3. Parties Responsible for Negotiating Their Own 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.

4. Authority of Representatives

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.

5. 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.

6. Time and Place of Mediation

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.

7. Information

At or before the first session of mediation, the parties will be expected to produce all information reasonably required for the mediator

8. 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 the consent of the mediator.

9. 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 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: 

  • Views expressed or 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 willingness to accept a proposal for settlement made by the mediator.

10. No Record

There shall be no stenographic record of the mediation process and no person shall tape record any portion of the mediation session.

11. 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.

12. Termination of Mediation

The mediation shall be terminated: 

  • By the execution of a settlement agreement by the parties; 
  • By declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or 
  • After the completion of one full mediation session, by a written declaration of a party to the effect that the mediation proceedings are terminated.

13. Exclusion of Liability

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.

l4. Interpretation and Application of Rules

The mediator shall interpret and apply these rules.

© Copyright John Delaney 2020