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(Download a copy of the Mediation Agreement)
AGREEMENT TO MEDIATE
Claimant/s and Respondent/s Names Here
We, the undersigned participants, agree to utilize the mediation services of James Yellen, Esquire to facilitate a settlement of the dispute, and acknowledge and accept the following terms and conditions:
FINRA No. 1. The parties consent to the appointment of James Yellen, Esquire to act as mediator in this matter and elect to mediate their civil dispute. The mediator shall act as an advocate for resolution and shall use his best good faith efforts to assist the parties in reaching a mutually acceptable settlement. The mediator will maintain impartiality toward all parties. 2. Mediation is a voluntary process for settlement negotiation. In this context, the mediator is not a judge nor does the mediator have the power or authority to force a settlement on the parties. Likewise, the mediator is impartial and does not represent any party or otherwise practice law. The mediator will not give legal advice. Participants are encouraged to consult with counsel regarding their legal rights and responsibilities. 3. All statements made during the mediation are deemed to be privileged and inadmissible for any purpose in any proceeding between the parties. The parties will not subpoena or otherwise require the mediator to testify or produce records, reports, notes, or other documents reviewed, received, or prepared by the mediator. 4. The mediator may hold a private meeting or "caucus" with one participant. Information revealed in a private meeting is confidential and will not be disclosed by the mediator unless the participant authorizes disclosure. 5. The Claimant and Defendant are each responsible for 50% of the mediator’s fee. All fees and expenses shall be paid within thirty (30) days of billing. 6. This agreement incorporates all statutory provisions for disclosure and confidentiality of communications in the mediation process. The Rules of Mediation listed on the attached are expressly adopted and incorporated by reference.
RULES FOR MEDIATION
Definition of Mediation. Mediation is a process in which an impartial person, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. 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 may suggest ways of resolving the dispute and offer an opinion but may not impose his/her own judgment on the issues for that of the parties. The mediator will not and cannot impose a settlement in the case. The parties are responsible for negotiating a settlement acceptable to them. The mediator does not warrant or represent that settlement will result from the mediation process or that a settlement is in the best interests of any or all parties.
1. 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. 2. Authority of Representatives. PARTY REPRESENTATIVES MUST HAVE AUTHORITY TO SETTLE AND ALL PERSONS NECESSARY TO THE DECISION TO SETTLE SHALL BE PRESENT. 3. Time and Place of Mediation. The Mediator shall fix the time, duration, and location of each mediation session. 4. 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. 5. Confidentiality. All statements made during the mediation process are deemed to be confidential, privileged, and inadmissible for any purpose in any proceeding. The mediation session begins as soon as the Mediator is contacted by any of the participants. 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 unless the participant authorizes disclosure or disclosure is required by law (e.g., child abuse reporting statute, future crimes involving physical harm, professional disciplinary rules). The mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any proceeding or forum. The parties shall not subpoena or otherwise require the mediator to testify or produce documents received, reviewed or prepared by the mediator. 6. 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. The mediator and the participants shall be allowed to take personal notes during the mediation session. 7. No Service of Process at or near the site of the Mediation Session. No subpoenas, summons, complaint, citations, petitions, writs, or other process may be served at or near the site of any mediation session upon any person entering, attending, or leaving the session. 8. Termination of Mediation. The mediation shall be terminated: a) by the declaration of the mediator, or b) by declaration of one party that he/she no longer wishes to participate for any reason, except when required by law or court order. 9. Fees, Costs and Jurisdiction. Any participant breaching this agreement shall be liable for and indemnify the non-breaching participants for all costs, expenses, liabilities, and fees, including attorneys fees, whether or not legal action is instituted, which may be incurred as a result of such breach including at trial and on appeal. 10. Mediation and Arbitration. The parties agree that in the event a dispute arises with respect to this agreement or the business relationship, the parties shall submit the dispute to non-binding mediation before a professional attorney-mediator. If the dispute cannot be resolved through mediation, the parties agree to submit the dispute to binding arbitration. In the event of an arbitration, the prevailing party shall be entitled to recover its reasonable costs and attorneys fees. 11. Interpretation and Application of Rules. The Mediator shall have the sole authority to interpret and apply these rules. (Download a copy of the Mediation Agreement) |
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| 156 East 79th Street Suite 1C, New York, NY 10075 t. 917-270-4567 | |||||||||||||||||||||||||||