Rules for Mediation
1. Agreement of the Parties: The parties agree that these rules are part of their mediation agreement and become effective upon signing the Agreement to Mediate.
2. Definition of Mediation: Mediation is a non-binding dispute resolution procedure in which an impartial person, the Mediator, helps the parties reach a compromise solution to their disputed issues and claims. Mediation in Texas is governed by the Texas Civil Practice & Remedies Code section 154.
3. Mediator's Role: The Mediator is a trained neutral third party whose role is to assist the parties in reaching a mutually agreeable settlement. The Mediator is not a judge and does not decide any issue for the parties, but rather attempts to facilitate the voluntary resolution of the dispute in order to avoid future cost, expense, and risk of litigation. The Mediator is an advocate for the mediation process and settlement. The Mediator is paid by both sides and is an advocate for both sides.
4. Good Faith: While each party has the right to make its own decisions regarding settlement, and cannot be forced to do anything against its good judgment, all parties agree to participate in the mediation in good faith, with civility, and with mutual respect.
5. Authority of Representatives: All parties agree that all persons necessary to the decision-making process will be physically present at the mediation unless prior agreement has been reached by all parties and the mediator. Each party must have full authority to resolve all claims.
6. Confidentiality: Confidential information disclosed to the Mediator by the parties or by observers in the course of the mediation shall not be divulged by the Mediator except in limited circumstances which the Mediator will explain. All records, reports, notes, or other documents prepared or received by the Mediator while serving as the Mediator shall be confidential. The Mediator shall not be compelled to divulge such records or testify regarding the mediation in any adversarial proceeding or judicial forum. Likewise, the parties shall maintain the confidentiality of the mediation and will not communicate what was done or said in the mediation to others (who are not bound by the confidentiality rule) either during the mediation (i.e. no social media allowed) or after the mediation.
7. Recording: The mediation sessions shall not be recorded by anyone, and no transcript of the sessions will be prepared or produced. This rule includes any type of recording, including, but limited to, video and audio. Phones or other electronic devices shall not be used to record any part of the mediation.
8. Representation: Any party may be represented by attorneys or other persons of that party's choice. The name and identity of any person who will attend the mediation should be communicated to the other parties and the mediator reasonably soon before the start of mediation.
9. Written Agreement: No party will be bound by anything said or done in the mediation unless it is reduced to writing and signed by all relevant parties.
10. Dispute: If there arises a dispute as to the meaning, terms, or anything else regarding any written agreement made by the parties at the mediation, the parties agree to use their best efforts to resolve such dispute. In the event no resolution is made of such dispute, the parties agree to involve the mediator to help resolve the dispute before any further actions are taken.
11. Termination of the Mediation: The mediation shall be terminated:
a) by the execution of a written agreement by the parties or the drafting of a memorandum of understanding;
b) by declaration of the Mediator to the effect that further efforts at mediation are no longer worthwhile;
c) after the completion of one full mediation session, by written declaration of a party or parties to the effect that the mediation proceedings are terminated.
The Mediator may also "suspend" the mediation in cases where the mediator believes that additional, further, or subsequent discussions may be worthwhile to reach resolution. In such cases of "suspension," the parties will reasonably confer on a future date, time, location, and fees associated with continuing the mediation.
12. Exclusion of Liability: The Mediator will not be a party in judicial proceedings relating to the mediation. Neither the Mediator nor any firm employing the Mediator shall be liable to any party for any act or omission in connection with any mediation conducted under these rules.
13. Interpretation and Application of These Rules: The Mediator has the authority to interpret these rules and apply them during the course of the mediation.
14. Fees and Expenses: The Mediator's fee shall be agreed upon prior to the mediation and shall be paid in advance of the mediation session. Any expenses of the mediation, as well as the Mediator's fee, shall be borne equally by the parties unless they agree otherwise.
2. Definition of Mediation: Mediation is a non-binding dispute resolution procedure in which an impartial person, the Mediator, helps the parties reach a compromise solution to their disputed issues and claims. Mediation in Texas is governed by the Texas Civil Practice & Remedies Code section 154.
3. Mediator's Role: The Mediator is a trained neutral third party whose role is to assist the parties in reaching a mutually agreeable settlement. The Mediator is not a judge and does not decide any issue for the parties, but rather attempts to facilitate the voluntary resolution of the dispute in order to avoid future cost, expense, and risk of litigation. The Mediator is an advocate for the mediation process and settlement. The Mediator is paid by both sides and is an advocate for both sides.
4. Good Faith: While each party has the right to make its own decisions regarding settlement, and cannot be forced to do anything against its good judgment, all parties agree to participate in the mediation in good faith, with civility, and with mutual respect.
5. Authority of Representatives: All parties agree that all persons necessary to the decision-making process will be physically present at the mediation unless prior agreement has been reached by all parties and the mediator. Each party must have full authority to resolve all claims.
6. Confidentiality: Confidential information disclosed to the Mediator by the parties or by observers in the course of the mediation shall not be divulged by the Mediator except in limited circumstances which the Mediator will explain. All records, reports, notes, or other documents prepared or received by the Mediator while serving as the Mediator shall be confidential. The Mediator shall not be compelled to divulge such records or testify regarding the mediation in any adversarial proceeding or judicial forum. Likewise, the parties shall maintain the confidentiality of the mediation and will not communicate what was done or said in the mediation to others (who are not bound by the confidentiality rule) either during the mediation (i.e. no social media allowed) or after the mediation.
7. Recording: The mediation sessions shall not be recorded by anyone, and no transcript of the sessions will be prepared or produced. This rule includes any type of recording, including, but limited to, video and audio. Phones or other electronic devices shall not be used to record any part of the mediation.
8. Representation: Any party may be represented by attorneys or other persons of that party's choice. The name and identity of any person who will attend the mediation should be communicated to the other parties and the mediator reasonably soon before the start of mediation.
9. Written Agreement: No party will be bound by anything said or done in the mediation unless it is reduced to writing and signed by all relevant parties.
10. Dispute: If there arises a dispute as to the meaning, terms, or anything else regarding any written agreement made by the parties at the mediation, the parties agree to use their best efforts to resolve such dispute. In the event no resolution is made of such dispute, the parties agree to involve the mediator to help resolve the dispute before any further actions are taken.
11. Termination of the Mediation: The mediation shall be terminated:
a) by the execution of a written agreement by the parties or the drafting of a memorandum of understanding;
b) by declaration of the Mediator to the effect that further efforts at mediation are no longer worthwhile;
c) after the completion of one full mediation session, by written declaration of a party or parties to the effect that the mediation proceedings are terminated.
The Mediator may also "suspend" the mediation in cases where the mediator believes that additional, further, or subsequent discussions may be worthwhile to reach resolution. In such cases of "suspension," the parties will reasonably confer on a future date, time, location, and fees associated with continuing the mediation.
12. Exclusion of Liability: The Mediator will not be a party in judicial proceedings relating to the mediation. Neither the Mediator nor any firm employing the Mediator shall be liable to any party for any act or omission in connection with any mediation conducted under these rules.
13. Interpretation and Application of These Rules: The Mediator has the authority to interpret these rules and apply them during the course of the mediation.
14. Fees and Expenses: The Mediator's fee shall be agreed upon prior to the mediation and shall be paid in advance of the mediation session. Any expenses of the mediation, as well as the Mediator's fee, shall be borne equally by the parties unless they agree otherwise.
