Mediation GuidelinesMediation GuidelinesExcept as otherwise provided by law or agreed to in writing by the parties, the following guidelines shall be deemed part of the REBA Dispute Resolution Agreement to Mediate or Case Evaluation Agreement, and shall guide the conduct of all Mediations, Case Evaluations (where applicable) and case administration. Case Summary: Prepare a brief one two page conference summary statement identifying the legal and factual issues in dispute, your assessment with respect to liability, damages and other issues. Send the statement to REBA Dispute Resolution before the conference with copies to the other parties involved. Mediation Procedures: The mediator, as a neutral third party, will work with the parties to encourage them to resolve their own dispute at the mediation conference. The parties recognize that mediation is a voluntary, informal, supervised negotiation and that the mediator is not a judge or arbitrator, nor has the authority to force an agreement on the parties and will not render a decision. The parties understand that the mediation is voluntary and our participation in no way prevents them from pursuing legal action(s) that may be in their individual or joint best interests. They agree to negotiate in good faith, and understand that they are not required to reach agreement on any issue. Either of the parties may choose to end the mediation at any time. The parties will freely make all of the decisions in the mediation; the mediator cannot impose any decision upon them. The parties understand that the mediator is in charge of the mediation process and will give each of them equal time as much as possible during the mediation sessions. The mediator will not give opinions or advice, legal or otherwise, or take sides during the mediation. Participants Presence: Parties seeking damages are absolutely essential at mediation sessions. Insurers should have insured parties present and all parties having decision making authority must appear at the conference. Lawyers, representatives and individuals present must have sufficient authorization to execute settlement agreements reached. The presence of witnesses or experts is not suggested; however written opinions, when necessary, should be exchanged between the parties in advance. Consulting with Attorneys: The parties may attend the mediation conference with or without counsel. Parties are encouraged to consult with their lawyers before, during and after the mediation session and before finalizing an agreement regarding their legal rights and obligations. Confidentiality: The mediation conference is confidential, and all communications made in the presence of the mediator and the work product of the mediator, cannot be disclosed in any judicial or administrative proceeding involving the parties to the mediation. The parties agree that all offers, promises, conduct and statements, whether written or oral, made in the course of the mediation proceedings will be inadmissible in any judicial or administrative proceeding concerning their dispute or any related dispute. The parties will not subpoena or otherwise require the mediator to testify or produce records, notes or work product in any future proceedings concerning any matter relating to this mediation. A settlement agreement is admissible under the provisions below. All communications made in the mediation session will be held confidential and will not be disclosed in any future proceedings or court appearance. All communications, oral and written made in the course of the mediation in the presence of the mediator shall be privileged and shall not be disclosed by the parties or the mediators. Caucuses: As part of the process, the parties acknowledge that the mediator may hold individual sessions with parties without the presence of the other participants in the process. These "caucuses" are designed to improve the mediator's understanding of the participants' perspective. All information given to the mediator in these private sessions will be held confidential unless that party permits its disclosure. Agreement: In the event the parties reach an agreement in resolution or partial resolution of their dispute, that agreement will be legally enforceable and is admissible in court or in any other proceedings held for the purpose of enforcing the agreement. If the parties do not agree on a resolution to their dispute at the mediation conference, they understand they may proceed with whatever other dispute resolution methods they deem appropriate. Termination: The mediation shall be terminated by any of the following circumstances;
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