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 her own judgment on the issues for that of the parties.
Whenever the parties have agreed or been ordered 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.
The parties consent to the appointment of Diane Wanger as mediator in their case. She shall act as an advocate for resolution and use her best efforts to assist the parties in reaching a mutually acceptable settlement.
The Mediator shall not serve as a mediator in any dispute in which she 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.
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 separate meetings with the parties and to offer suggestions to assist the parties to 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 expense of obtaining such advice. Arrangements for obtaining such advice shall be made by the Mediator or the parties, as the Mediator shall determine.
While no one is asked to commit to settle their case in advance of mediation, all parties commit to participate in the proceeding in good faith with the intention to settle, if at all possible.
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.
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.
The Mediator shall fix the time of each mediation session. The mediation shall be held at the office of the Mediator or any other convenient location agreeable to the Mediator and the parties.
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.
Mediation is PRIVATE. Only the parties and their attorneys may attend mediation sessions. We understand that this is a stressful situation and parties involved may want to bring some one with them for emotional support. However, for your safety and ours, additional persons may only be present with prior written consent of the Mediator, and all requests shall be made 14 days before the mediation date. In the event unauthorized persons appear at mediation without prior arrangements, they will be asked to wait for participants offsite.
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.
There shall be no record made of the mediation process.
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.
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.
The Mediator is not necessary or proper party in judicial proceedings relating to the mediation. Neither the 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.
The Mediator shall interpret & apply these rules.
The Mediator's daily fee shall be agreed upon prior to mediation and shall be paid in advance of each mediation session. Expenses of the Mediator shall be borne equally by the parties unless agreed or ordered otherwise.
It is the policy of this office that all persons attending a mediation in any capacity are strictly prohibited from being in possession of the following items on premises: guns, knives, batons, stun guns, tasers, mace, pepper spray, brass knuckles, and kubatons.
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