Terms

TERMS RESPECTING MEDIATION ENGAGEMENTS:

ATTENDANCE: The Plaintiff/Claimant and a representative of the Defendant/Respondent who is authorized to resolve the matter must attend the mediation session.

CONFIDENTIALITY: Frank discussion is encouraged, but the mediation must remain confidential, and nothing said at the mediation session may be used in any subsequent proceeding. The parties and their representatives will be asked to sign a confidentiality agreement at the start of the proceeding.

POSITION STATEMENTS: The parties are encouraged to email to the mediator only (in adequate time to review before the mediation) a confidential position statement explaining the controversy and what are perceived to be impediments to resolution, if any.

MEDIATOR’S NEUTRALITY: By accepting the engagement, the mediator represents that he/she knows of no reason he/she cannot be neutral and fairly assist the parties in reaching resolution. Expressions of opinion about strengths and weaknesses of either party’s case, when offered, are offered solely to assist the parties in making an honest evaluation of their dispute and is not intended to advocate for either party. The mediator may not be subpoenaed to testify concerning his or her role in the mediation.