::mediation
rules
7. Confidentiality. 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 the 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 order shall pay all reasonable
fees and expenses of the mediator and other parties, including
reasonable attorneys 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.
8. No Stenographic Record. There shall be
no stenographic record of the mediation process and no person
shall tape record any portion of the mediation session.
9. No Service of Process at or Near the
Site of the Mediation Session. 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.
10. 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.
11. Interpretation and Application of Rules.
The mediator shall interpret and apply these rules.
12. Fees and Expenses. The mediator’s
fee shall be borne equally by the parties unless they agree
otherwise.
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