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Dispute Mediation Rules
1. 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 dispute.
2. Agreement of the 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.
3. Mediator. CAMS shall appoint the mediator in each case. The Mediator shall
act as an advocate for resolution and shall use his best efforts to assist the
parties in reaching a mutually acceptable settlement.
4. Conditions Precedent to Serving as Mediator. It is presumed that there is no
conflict to prevent the Mediator from serving. If any party or the Mediator
knows of a conflict, It should be revealed and considered by CAMS.
5. 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 in achieving settlement.
6. 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.
7. 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.
8. 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 each person shall be communicated in writing to the
Mediator.
9. Time and Place of Mediation. The Mediator shall fix the time of the mediation
session. The mediation shall be held at a location designated by the Mediator,
or at any other convenient location agreeable to the Mediator and the parties,
as the Mediator shall determine.
10. Identification of Matters in Dispute. Prior to the scheduled mediation
session, each party shall provide the Mediator with an Information Sheet and
Request for Mediation on the form provided by the CAMS, setting forth its
positions 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 such information.
11. 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.
12. Confidentially. 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 an
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 confidentially of the mediation and shall not
rely upon, nor 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.
13. No Record. There shall be no record recorded, handwritten notes, or any form
of recording of the mediation process.
14. 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.
15. Exclusion of Liability. The Mediator is not a necessary or proper party in
judicial proceedings relating to the mediation. Neither Mediator nor CAMS the
administrator 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 for Mediation and Expenses. The Mediator's fee shall be agreed upon
prior to mediation and paid according to the fee schedule.
18. Med/Arb Any conflict between the mediation/arbitration rules shall be
stipulated in a written agreement signed by the parties.
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