Mediation is a settlement effort which utilizes the services of an impartial, third-party mediator in an effort to reach a mutually acceptable agreement. By agreeing to mediate, parties agree to negotiate to attempt to settle their differences. Neither USA&M nor the mediator has the power or authority to render a binding decision or to force the parties to accept a settlement. Whenever parties choose to mediate through a United States Arbitration & Mediation (USA&M) office, the following Mediation Rules and Procedures apply to the proceedings, with minor variations dictated by local jurisdictional requirements.

1. Initiating the mediation process. To begin the mediation process, either party should contact the nearest USA&M office. USA&M will contact all parties and propose mediation, if it has not already been agreed to by all parties..
    
2. Mediator Appointment. Upon agreement of the parties to mediate,USA&M will help the parties select a mediator. No person shall serve as a mediator in any dispute in which that person has any financial or personal interest in the result of the mediation. Prior to accepting an appointment, the prospective mediator shall disclose any circumstances likely to create a presumption of bias or interest in the outcome of the proceedings or prevent a prompt meeting with the parties. In the event either party thereafter objects to such mediator, a new mediator will be appointed. Parties recognize that mediators are independent contractors and not agents or employees of USA&M. Refer to the USA&M Standards of Neutrality and Professional Responsibility for additional information.
   
3. Scheduling. Upon appointment, USA&M will work with the parties to establish the time and location of each mediation session. In the case of court-ordered mediation or other referrals involving limited scheduling options, parties will be provided with a list of available hearing dates and/or available mediators, as appropriate. Requested mediation dates may be tentatively reserved without incurring any administrative charges, subject to calendar availability.
   
4. Good Faith Participation. Whenever parties mediate with USA&M, either voluntarily or pursuant to court order, they agree to medate in accordance with the USA&M Mediation Rules and Procedures. These rules may be altered by agreement of the parties and prior notice to USA&M. By agreeing to mediate, parties are agreeing to negotiate in an attempt to settle their differences in good faith.
   
5. Conduct of Mediation Sessions. All sides in a dispute will be represented at the mediation session. Absent prior agreement, the plaintiff(s) will be in attendance. At the mediation session, the parties will be prepared to discuss the dispute. Such discussions may include reference to relevant documents or a description of witnesses or other evidence. For more complex cases, the mediator or USA&M may ask the parties for written materials or information in advance of the mediation session. At the mediation session(s), the mediator will conduct an orderly settlement negotiation. Parties will be represented by a person with authority to settle the case. The mediator may conduct separate private meetings (caucuses) with each party in order to improve the mediator's understanding of the positions of the parties.
    
6. Confidentiality. The parties recognize that mediation proceedings are settlement negotiations, and that all offers, promises, conduct and statements, whether written or oral, made in the course of the proceedings, are inadmissible in any litigation or arbitration of their dispute, to the extent allowed by applicable state law. The parties agree to not subpoena or otherwise require the mediator or USA&M administrators to testify or produce records, notes or work product in any future proceedings, and no recording or stenographic record will be made of the mediation session. However, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or nondiscoverable as a result of its use in the mediation session. In the event the parties do reach a settlement agreement, that settlement agreement will be admissible in court or arbitration proceedings to enforce it, unless the parties agree otherwise. Any information disclosed to the mediator in a private caucus shall remain confidential unless the party agrees that it may be disclosed.
   
7. Discovery. If one or more of the parties has a substantial need for discovery in order to prepare for the mediation session, the parties shall attempt to agree on a plan for such necessary discovery. Should they fail to reach agreement, the parties will present the matter to the mediator(s) for a non-binding recommendation.
   
8. Not Legal Counsel or Expert. All parties recognize that at the mediation session(s) and at every other point of the proceedings:
   • neither USA&M nor the mediator will be acting as a legal adviser or legal representative for any of the parties;
   • neither USA&M nor the mediator has a duty to assert, analyze or protect any party's legal rights or obligations, including lien rights, statutes of limitation, or any other time limit or claim requirement;
   • neither USA&M nor the mediator has a duty to make an independent expert analysis of the situation, raise issues not raised by the parties or determine that additional necessary parties should participate in the mediation;
   • neither USA&M nor any mediator can guarantee that a mediation session will result in a settlement.
     Parties may be represented by an attorney at any stage of the mediation process, and are encouraged to consult legal counsel concerning the proceedings or any proposed settlement agreements. USA&M may require that a party be represented by an attorney.

    

9. Termination of Mediation. The mediation shall be terminated in any of the following circumstances: by the execution of a settlement agreement by the parties, by a declaration by the mediator to the effect that, in the judgment of the mediator, further efforts at mediation are no longer worthwhile; or by a declaration by any party that the mediation effort is terminated.
   
10. Payment of Fees. USA&M charges fees for its services which are set forth in the local USA&M office's Mediation Fee Schedule. There must be a clear fee agreement on file at USA&M prior to the start of any mediation session. 
    
11. Fee Responsibility. In accordance with professional custom and state law in most jurisdictions, attorneys are responsible for payment of any mediation fees incurred on behalf of their clients. Mediation services are not provided on a contingent fee basis; therefore mediation fees are billed and payable immediately upon receipt of an invoice from USA&M. There is no relationship between the outcome of a mediation session and an attorney's obligation to pay his or her share of the mediation costs incurred.
    
12. Authority of Mediation Administrator. The mediation administrator at USA&M has the authority to resolve any issues not addressed by these rules and to take any action deemed necessary in conjunction with the mediation process.
    
13. Status of USA&M. USA&M, its administrators and mediators are entitled to a qualified good faith immunity from suit arising from their involvement in any case referred to USA&M for mediation. Neither USA&M, its administrators nor mediator are necessary parties in any proceeding to enforce any settlement agreement. The parties recognize that USA&M offices are privately owned and operated and that USA&M mediators have no equity interest in USA&M.
    
14. Amendment of Rules. These rules may be amended or modified by USA&M at any time without notice.

• Sample Mediation Clause
• Sample Agreement to Mediate
• Mediation Questions & Answers
• USAM Mediation Rules and Procedures
• Selecting Cases To Send To Mediation