General Rules For Mediation

1. 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 her best efforts to assist the parties in reaching a mutually acceptable settlement.

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 achieve settlement. If necessary, the Mediator may also obtain expert advice concerning technical aspects of the dispute, provided that the parties agree in advance 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.

3. Commitment to Participate in Good Faith

While no one is asked to commit to settle their case in advance of the mediation, all parties commit to participate in the proceedings in good faith with the intention to settle, if at all possible.

4. 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 process.

5. Privacy

Mediation sessions are private. Persons other than the parties and their representatives may attend sessions only with the consent of the Mediator.

6. Confidentiality

Confidential information disclosed to the Mediator by the parties or by witnesses in the course of the sessions shall not be divulged by the Mediator.  All records, reports or other documents received by the 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 attorneys’ fees, incurred in opposing the efforts to compel testimony or records from the Mediator.

7. No Stenographic Record

There shall be no stenographic record of the settlement process and no person shall tape record any portion of the sessions.

8. 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 any session upon any person entering, attending or leaving the session.

14. Termination of Mediation

The mediation shall be terminated a) by the execution of a settlement agreement by the parties, or b) by declaration of the Mediator to the effect that further efforts at mediation are no longer worthwhile.

15. 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.

16. Interpretation and Application of Rules

The Mediator shall interpret and apply these rules.

17. Fees and Expenses

Absent express agreement to the contrary, the Mediator’s fee shall be paid in accordance with the Memorandum of Mediation Fees. 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 with advance approval of the parties, shall be borne equally by the parties unless they agree otherwise.