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 disputes, but may not impose his own judgment
on the issues for that of the parties.
Agreement of Parties. Whenever the parties have agreed
to mediation they shall be deemed 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.
Consent to Mediator. The parties consent to the appointment
of the individual named as mediator in their case. The Mediator
shall act as an advocate for resolution and shall use his
best efforts to assist the parties in reaching a mutually
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.
Authority of the 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.
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.
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.
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 Mediator prior to the mediation.
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 with confidential information in the form requested
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
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 Mediator.
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
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 that 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 made of the mediation process.
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.
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.
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 under these rules.
Interpretation and Application of Rules. The Mediator
shall interpret and apply these rules.
Fees and Expenses. The Mediator's daily fee shall be agreed
upon prior to mediation and 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 produced at the direct request of the Mediator,
shall be borne equally by the parties unless they agree otherwise.
Hold Harmless. The parties agree to hold harmless and
indemnify ANDREW J. LEHRMAN, as Mediator, for any claims or
liability arising out of this Mediation. The parties further
agree that the Mediator shall not be liable to any party hereto
for any negligence, act or omission in connection with the
mediation conducted under this agreement.