Adams Stirling PLC


While different mediators may have different rules they use for mediation, following is a typical procedure for parties.

1.  Definitions
a.   "Mediation" means the use of a neutral third person to help the parties quickly, economically, and efficiently resolve their disputes, disagreements and claims.

b.   "Mediation Agreement" means an oral or written agreement to submit current or future disputes to Mediation.

c.   "Mediator" means the neutral third person engaged to help the parties resolve their disputes, disagreements or claims.

d.   "Rules" means these Rules of Mediation.

e.   "Settlement Agreement" means a written agreement executed by the parties which resolves a dispute, disagreement or claim.

2.  Application of Mediation Rules

a.   All mediations shall be conducted pursuant to the provisions of these Rules which are in effect at the time the Mediation is commenced. 

3.  Conduct of the Mediation

a.   The Mediator shall, following consultation with the parties, fix the time of each mediation session. All sessions will be held at a location convenient for the parties and the Mediator, as determined by the Mediator.

b.   The Mediator will attempt to help the parties reach a satisfactory resolution of their dispute, but has no authority to impose a settlement on the parties. The Mediator is authorized to conduct joint and separate meetings with the parties and to make recommendations for settlement.

c.   A party may be represented by an attorney or agent at the Mediation.

d.   All parties agree to participate in the Mediation proceedings in good faith.

e.   Each party agrees to have physically present at the Mediation all persons who are needed to make a decision to settle the dispute on behalf of that party.

f.   The Mediation will be held in private. Persons other than the parties, their representatives and the Mediator may attend only with the consent of all of the parties and the Mediator.

g.   The Mediation shall be terminated by the execution of a settlement agreement, by a declaration of one or more parties that the Mediation is terminated, or by a declaration by the Mediator that further efforts at Mediation would not be helpful.

h.   The parties must agree that they will not serve a subpoena, summons, complaint, citation, writ or other legal process upon any person entering, attending or leaving the Mediation session.

4.  Confidentiality

a.   The Mediator may, at times, meet privately with any and all parties in this dispute. The Mediator will not disclose any information received in caucus without the permission of the party making disclosure.

b.   Each person involved in the Mediation, including the Mediator, the parties and their representatives, any independent experts and any other persons present during the Mediation, shall respect the confidentiality of the Mediation and may not, unless otherwise agreed in writing by the parties and the Mediator or required by law, use or disclose to any outside party any information concerning, or obtained in the course of, the Mediation. Each such person shall sign an appropriate confidentiality agreement prior to taking part in the Mediation.

c.   No audio or video recording or transcription of any kind may be made during mediation process. The parties agree that the mediation sessions are settlement negotiations, and evidence concerning what transpired during mediation is inadmissible in any legal proceeding, except to the extent authorized by law. The parties agree not to subpoena or otherwise require the mediator to testify or produce records or notes in any legal proceeding.

5.  Mediation Fees and Expenses

a.   Expenses are borne equally by the parties, unless agreed otherwise.

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Adams Stirling PLC