::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, but may not impose his own judgment
on the issues for that of the parties.
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2. Conditions Precedent to Serving as Mediator.
The mediator shall not serve as a mediator in any dispute
in which he has any financial or personal interest in the
result of the mediation. Prior to accepting an appointment,
the mediator shall disclose any circumstance likely to create
a presumption of bias or prevent a prompt meeting with the
parties.
3. 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 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 expenses of obtaining such advice. Arrangements
for obtaining such advice shall be made by the mediator or
the parties, as the mediator shall determine.
4. Parties Responsible for Negotiating
Their Own Settlement. The parties understand that the mediator
will not and cannot impose a settlement in their case. 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.
5. Time and Place of Mediation. The mediator
shall fix the time of each mediation session. The mediation
shall be held at the office of the mediator or at any other
convenient location agreeable to the mediator and the parties,
as the mediator shall determine.
6. Privacy. 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.
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