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Arbitration Services, Inc.

Mediation is a widely recognized tool to effect a consensual resolution of a dispute, utilizing the services of impartial, third party Mediators, meeting directly with the participants and their counsel. As such, neither Arbitration Services, Inc. (ďASIĒ), nor its designated Mediator, has any power or authority to render an Award, Decision, or other binding determination against either Party. Parties electing to utilize the mediation services of ASI, should note that the following Mediation Procedures and Rules apply to such proceedings.


M.1. In order to commence the mediation process, the Party or Parties should contact ASI, which will then contact all Parties regarding the commencement of mediation.

M.2. Once the Parties have agreed to mediate, and have executed a written Mediation Agreement, ASI will select a Mediator, who shall serve in the dispute. The Mediator shall certify that he or she has no financial, personal or other interest in the outcome of the mediation, and has no relationship with any Party to the mediation, or representative counsel. Upon the appointment of a Mediator, any party shall have the right to object to the Mediator, by written letter to the Administrator, within ten (10) days of notification of such Mediator. In the event no objection is filed, the Mediator shall execute an Oath, and undertake his or her duties as Mediator. The Parties recognize, however, that the Mediators are independent contractors, and are neither agents, servants nor employees of ASI.

M.3. Whenever Parties mediate with ASI, each Party agrees to mediate in good faith, in accordance with ASIís Mediation Rules and Procedures, or such other rules and procedures as may be dictated by the Partiesí Agreement. The Parties should be mindful that by agreeing to mediate, the Parties are agreeing to attempt a consensual resolution of their differences in good faith.

M.4. In order to conduct a meaningful mediation, the Parties acknowledge that all sides to the dispute are to be represented at each and every mediation Hearing. In doing so, the Parties shall endeavor to ensure that the respective representatives attending the mediation, are fully knowledgeable of the underlying facts and circumstances, and have full authority to undertake settlement negotiations in good faith. During any mediation session, the Mediator will conduct an orderly settlement process, that may consist of meeting with each side separately, so as to assist the Mediator in understanding each Partyís position, and attempting to find a common ground for settlement purposes. Any information obtained by the Mediator, in a private session with any Party, shall be treated as confidential, and shall not be disclosed to the other Party or Parties, unless authorized by the agreement of the parties, or an Order from a Court of competent jurisdiction, directing such disclosure.

M.5. Upon appointment of ASI as the mediating agency, it will contact the Parties and attempt to establish a time and location for each mediation session.

M.6. The Parties specifically recognize that mediation is a confidential process, involving settlement negotiations, which are protected from disclosure in any pending or subsequent judicial proceeding. As such, any information obtained during the process, whether written or oral, made in the course of the mediation process, will not be subject to later discovery or disclosure by any Party against the other. Thus, the Parties agree not to Subpoena or otherwise require the Mediator or ASI to testify at any judicial proceeding, or to produce any records, work papers or documents disclosed during this confidential process. Since confidentiality is a principal underlying factor in the mediation process, there shall be no stenographic or other recording by any means, of any portion of the mediation.

M.7. The parties acknowledge that the Mediator is not acting as an advocate, or providing legal representation, to any Party to the mediation, whether a Party is represented by legal counsel or not, and that any information, evaluation or advice which may be given by the Mediator during mediation, does not constitute legal advice. If any written Settlement Agreement is created in connection with the mediation, each Party to the Agreement is advised to have it independently reviewed by his, her or its own counsel prior to executing it. The Parties further acknowledge that neither ASI nor the Mediator has a duty to protect any Partyís legal rights or obligations, nor does ASI nor the Mediator have any duty to advise any Party of its legal obligations or rights, including such matters as Statutes of Limitations, or other limitations that may exist with regard to asserting any claim or defense.

M.8. Should a Party require discovery of the other Party prior to participating in any scheduled mediation session, the Parties shall undertake a good faith effort to exchange such documents as may be required. Should the Parties fail to reach an agreement, either Party may present the matter to the Mediator for non-binding recommendation.

M.9. The mediation shall be terminated for any reason by written notification to the Mediator, ASI, and the other participants to the mediation at any time. The Mediator may terminate his or her participation in the mediation if (a) the Parties fail to pay for his or her services; (b) continuation of the mediation would involve a violation of applicable ethical rules; or (c) the Mediator determines that he or she can no longer in good conscience act as a neutral amongst the Parties.

M.10. The parties, upon notification by ASI, shall deposit such sums as ASI may request to defray the Mediatorís fees.

M.11. These rules may be amended or modified by ASI at any time, without notice.