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