MEDIATION RULES

 

Attorneys

Clients

 

 

 

 

 


“If you got them by the balls, their hearts and minds will soon follow.”

Charles Colson
Special assistant to President Richard M. Nixon


Mediation Rules and Confidentiality

By using Christopher Stanley & Associates for mediation, parties participating in the mediation agree as follows:

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.

2.  Agreement of the Parties.  Whenever the parties have agreed to mediate in this office, they shall be deemed to have agreed to these rules, as amended and in effect as the date of the submission of the dispute, as part of their agreement to mediate. 

3.  Consent to Mediator.  The parties consent to the appointment of Christopher Stanley, as an employee of Christopher Stanley and Associates, P.C. as mediator in their 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.  The Mediator cannot and will not act as an attorney for any party to the mediation, including those who are not represented by counsel.  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 conflict while initially meeting with the parties.  In the event that the parties disagree as to whether the Mediation shall serve, the Mediator shall not serve. 

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 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, but only with the prior approval of the parties. 

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 to settlement only, 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 MUST BE PRESENT.   

9. Time and Place of Mediation.  The Mediator shall fix the time of each mediation session, with the approval of the parties.  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. The Mediation shall continue until the time allotted expires or the Mediator calls an impasse. 

10.  Identification of Matters in Dispute.  Prior to the first scheduled mediation session, each party shall provide the Mediator with information setting forth its position with regard to the issues that need to be resolved.  The requested information is found in the Attorney page.

11.  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. 

12.  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 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 attorneys' fees incurred in opposing the efforts to compel testimony of records from the Mediator. 

13.  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. 

14.  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. 

15.  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. 

16.  Exclusion of Liability.  The Mediator is not a 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. 

17.  Interpretation and Application of the Rules.  The Mediator shall interpret and apply these rules. 

18.  Fees and Expenses.  The Mediator's daily fee shall be agreed upon prior to mediation and shall be paid each mediation day.  The expenses of witnesses for either side shall be paid by the party producing such witnesses.  All other expenses of the mediation, including fees and expenses of the Mediator, and the expenses of any witness and the cost of any proofs or expert advice produced at the direct request of the Mediator shall be borne equally by the parties unless they agree otherwise.

 

Confidentiality Concerning Mediation

 

Mediation is a settlement procedure that should remain confidential and privileged. 

Nevertheless:

  • Evidence that would be discoverable and useful at trial had the contemplated mediation not been held, does not lose its character as discoverable or admissible at trial merely because it is used in a mediation.
  • Of course the settlement agreement we hope to reach by mediation will be enforceable, and to that extent is not secret.
  • In some circumstances the law requires certain disclosures, like a disclosure in a criminal proceeding of drug or child abuse or of a planned future crime, whether or not first disclosed in mediation.

By participating in a mediation using a mediator of this Firm, all parties and other persons present at the mediation agree:

  • To treat the mediation and the statements there made as confidential (except for necessary internal company reports to need-to-know management, which themselves shall be kept confidential;
  • That all statements made in the mediation shall be privileged against use at any trial relating to this dispute, even in cross-examination;
  • That notes the mediator takes may be destroyed at the conclusion of the mediation, save only the note of the final agreement;
  • That the mediator will not be called as a witness or otherwise involved in any ongoing litigation, should settlement fail.

 

 

PRACTICE AREAS

  • Construction Litigation
  • General Civil Litigation
  • Personal Injury Litigation
  • Small Business Support

  • Mediation of Civil & Family
    Disputes
  • Medical Malpractice
  • Lien Bond Claims & Defense

CONTACT

T: (512) 869-7566
F: (512) 869-8312
1104 Rock St., Georgetown, Texas 78626

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