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Mediation Rules
1. A party to a dispute should contact Pinnacle Arbitration & Mediation Services (Pinnacle) with pertinent information about the matter. Pinnacle will
contact the other side and send out materials explaining our mediation
program and will copy the requesting party on all correspondence mailed
to the other side.
2. After an agreement to mediate has been confirmed, Pinnacle will
help the parties with selection of a mediator. The selected mediator
will disclose to the parties any conflict of interest that may exist.
Once the parties mutually agree on a mediator, Pinnacle will
schedule a mediation session that is convenient for everyone. If
mediation is cancelled within forty-eight (48) hours of the scheduled
session and not rescheduled, the parties shall be responsible for
payment of Pinnacle’s administrative fee and the mediator is entitled
to compensation equal to the greater of the time actually incurred in
preparation for said mediation or a two (2) hour cancellation fee.
3.
All parties with an interest to the dispute must be present at the
mediation and must have full authority to settle the case. Counsel for
corporate parties or insurers shall provide the name and job title or
position of the employee/agent who will represent the entity at the
mediation no later than seven (7) days prior to the scheduled
mediation. Parties must be represented by an attorney or an authorized
representative. This may be waived at the discretion of the parties and
Pinnacle. Prior to the mediation the parties should exchange information so the case can be properly evaluated.
4. The parties agree to participate in good faith during the entire mediation process. Each party shall provide Pinnacle with
a brief summary detailing the salient issues of the matter, and any
disputed facts or questions of liability for use by the neutral. During
the mediation session the parties shall be prepared to discuss the
dispute in detail. The mediator will begin the mediation with a joint
session allowing the parties to give a brief opening statement. The
mediator may separate the parties into private meetings or caucuses to
develop a greater understanding of each side’s position. During the
private caucuses, the parties may share information with the mediator
in confidence. The information the mediator learns through the caucus
will not be shared with the other side without the party’s permission.
5.
Mediation sessions are confidential. Any offers, promises, conduct, and
statements, written or oral, made during the mediation by any party,
their agent, representative or employee, experts or their attorney; and
the mediator are inadmissible in any pending or subsequent litigation
or arbitration of the parties’ dispute, to the extent allowed by law.
6. All parties understand that Pinnacle,
its administrators, and the mediator will not give legal guidance or
representation to either party. The parties agree that the mediator is
an independent contractor and not an agent or employee of Pinnacle. Pinnacle and its administrators or mediators cannot guarantee a settlement in any dispute. Pinnacle, its administrators, or mediators will not be considered a necessary party to enforce any settlement. Pinnacle and
its administrators or mediators shall not be subpoenaed to testify or
produce documents that become a part of the mediation. Pinnacle,
its administrators and mediators will have no liability for any act or
omission with respect to any mediation or settlement in connection
therewith.
7. The mediation will
terminate: 1) when the parties execute the settlement agreement form;
2) if the mediator feels further efforts are not conducive to reaching
a settlement; or 3) if the parties wish to terminate the mediation.
8. The parties and their attorneys agree to pay Pinnacle in accordance with Pinnacle’s Schedule of Fees and Mediation Agreement which are incorporated herein by reference.
Revised May 2002.
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