MEDIATION
RULES FOR DOMESTIC MEDIATIONS
PURPOSE:
The purpose of these rules is to assist you in peaceably settling
the conflicts and issues submitted for mediation. An important
goal for a successful mediation is reaching a fair agreement. It
is up to you to determine how to resolve your conflict, and the
Mediator will not use these rules other than to protect the
integrity of the process and to ensure full discussion and
analysis of the specific issues.
1. AGREEMENT TO MEDIATE AND SUBMISSION OF DISPUTE
Following the submission of the dispute utilizing the Dispute
Submission Form, the party submitting the dispute shall send a
copy to the other party by first class mail or private courier. These
rules are a part of the Agreement to Mediate to be signed by you
when you decide to mediate your domestic dispute with Center for
On-Line Mediation, Inc.
2. COOPERATION AND RESPECT
Parties in mediation at the Center for On-Line Mediation adopt
the following statements of principle regarding mediation:
(a) The parties have chosen to mediate their disputes in a spirit
of cooperation. The parties agree to use their best efforts to
work together fairly and in good faith. Both parties will strive
to communicate without assessing blame or fault.
(b) The parties agree to use their best efforts to maintain an
atmosphere of respect and refrain from inappropriate behavior
communications such as profanity or foul language.
(c) All copies of documents that are
submitted to the mediator shall be submitted to the other party
by first class mail or private courier at the same time the
documents are sent to the mediator.
3. ROLE OF THE MEDIATOR--IMPARTIALITY
a.The Mediator will act as impartial facilitator and will not
make decisions for you. The mediator may explore various options
and suggestions, but will not give you advice on any issues.
b.Mediation works best when the mediator works directly with the
parties to facilitate their communication. Sometimes, the
mediator will meet with parties separately, but the focus of these
individual conversations is to further the communication between
the parties.
(c) If the parties feel the urgent need to communicate with the
mediator, they must understand that the mediator may share
whatever information they receive with the other party.
(d) Each party agrees not to communicate [by email, post, or
fax], additional materials to the mediator unless specifically
requested to do so.
4. TERMINATION
(a) Since this mediation is a voluntary process, the parties may
terminate at anytime.
(b)The Mediator will interpret and apply these rules. If the
Mediator determine that either party is not participating in good
faith, or if either party is unable to negotiate in his or her
own behalf, the Mediator has the right to postpone or terminate
mediation.
5. LEGAL PROCEEDINGS AND REPRESENTATION
(a) Each party agrees not to initiate or continue formal legal
proceedings against the other party while mediation is in
progress. However, if either party believes he/she is in physical
danger and involves the court in seeking protection, such action
will not by itself constitute a prohibition against continuing
the mediation.
(b) Each party understands that the mediator will be acting as a
mediator and not as an attorney for either party. Should either
party wish legal consultation at any time, or a review of any drafted
agreements, the parties acknowledge that they have been advised
to consult with their individual attorneys. There is no need to
inform the mediators or the other party of the consultation.
6. CONFIDENTIALITY OF MEDIATION
By undertaking to mediate under these rules, the Center for
On-Line Mediation, Inc., each party agrees as follows:
(a) that all information shared in the mediation sessions is
strictly confidential. Each party may, however, discuss issues
brought up in mediation with other professionals with whom he/she
has a confidential relationship, such as an attorney or
psychotherapist.
(b) that he/she will not seek to compel the appearance of the
mediator as witness to any court proceedings, by subpoena or any
other means.
(c) that he/she will not require production of any of the
mediator's records, if any issues discussed in mediation ever
become part of litigation proceedings.
(d) that he/she will not seek to compel production of any
memorandum prepared after any mediation sessions for any court or
other legal proceedings.
(e) that he/she will not submit any settlement offers made during
mediation into court as evidence in any possible later legal
proceedings.
7. FULL DISCLOSURE
(a) Mediation is based on honesty and openness on the part of
both parties.
(b)Each party agrees to disclose to the other party as necessary
and pertinent information regarding finances and/or other issues
discussed in mediation. Later discovery or any failure to fully
disclose relevant financial information can resulting voiding
agreements entered into as a result of mediation.
8. TRANSFER OF PROPERTY DURING MEDIATION
Neither party will transfer, encumber, conceal or in any other
way dispose of any marital or jointly owned real or personal
property except in the normal course of business, or for the necessities
of life. Any such transfer by either party affecting 10% or more
of the marital or jointly owned assets will require prior mutual
agreement.
9. USE OF EXPERTS and/or ADDITIONAL PARTIES
(a) Where specialized information is needed, the mediator will
ask each party to consult with other professionals such as
accountants or appraisers. If you wish, the mediator can provide names
of such professionals.
(b) An expert with information relevant to both parties may
participate in the mediation session if both the parties and the
mediators agree.
(c) Children may not participate in mediation sessions since
there is no way that the mediators can determine that a
communication from a child is in fact a communication from a
child and not a communication from the parent.
(d) The use of an attorney or other outside expert during
mediation should not be understood as terminating mediation.
Either party may consult with their attorney or any other
professional at any time.
10. AGREEMENT AND MEMORANDA
(a) The mediator will be responsible for summarizing agreements
that have been reached and archiving those agreements in the
electronic conference space and by a memorandum that will be sent
to both parties by email.
(b) At the conclusion of the mediation process, the mediator will
draft a detailed Agreement of the decisions that the parties have
agreed to in mediation. The mediator will make no representation
that any agreement reached through mediation will resemble the
result from a contested trial.
(c) Each party agrees that all memoranda(s) will be treated with
the same strict confidence as any statements during the mediation
process. Each party agrees that he/she will not submit any confidential
memoranda into court as proof of
any settlement offers.
(d) Each party agrees that either party may show confidential
memorandum(s) and/or the Agreement to their attorneys.
(e) Both parties agree to directly notify the mediator if they
have any questions about fairness involving any aspect of the
mediation as it occurs. The mediator is dedicated to creating an environment
conducive to open discussions about the parties' conflicts and
invite the parties to alert them to anything that is interfering
with this mediation goal.
(f) The mediators believe in this process and will use their
abilities to help the parties design a fair and reasonable
agreement which resolves all their issues of conflict. The
mediator, however, cannot guarantee the success of any mediated
agreement.
[Adapted from Mediation Rules Used by Lifebridge Family Mediation. Bethesda, Maryland]
Copyright © 1996, The Center for
On-Line Mediation™, Inc.
Send comments on this web site to
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Last Revised on September 13, 1996