Arbitration and Refereeship

As situations and issues are may be so varied in these matters, the parties and the Mediator/Referee will negotiate and agree to the procedures to be followed at the outset.

Mediation Procedures

Mediation is a completely voluntary process, and can only succeed with the good faith participation of each side. It is not a court proceeding, and the rules of evidence do not apply, nevertheless both sides will be aware of the fact that if the mediation fails, the case will proceed as if the mediation had never taken place; that is, in court, with its formal procedures, its restrictive rules of evidence, its delays and its unpredictable outcomes. Although the mediation process is informal, certain procedures will be followed.

  1. The parties are advised to submit, in advance, concise statements of their positions. These must be submitted by the close of business on the fourth business day preceding the scheduled mediation. The submission of documents (including deposition transcripts, medical records, financial records etc.), position statements, and/or any other papers that the parties feel would assist in the mediation is encouraged. Everything that is submitted will be reviewed. All materials submitted to the Mediator will be kept confidential unless the side submitting the document explicitly authorizes disclosure to the other side. [Please submit all papers by email (in MSWord or Adobe format), ordinary mail or express delivery (no signature required). Please do not send it USPS Express Mail, as the US Post Office will not deliver it if there is no one available to sign for it. If it is necessary to fax papers, please telephone to make arrangements.] If deposition transcripts are submitted for the Mediator's review, please do not submit them by email but deliver them in miniscript format.
  2. The best results can be obtained in mediation if the actual parties in interest, with full authority to settle, as well as their attorneys (if parties are represented by counsel) are present and participating. Experience shows that if this procedure is followed, the mediation has the greatest chance of success, with benefit to both sides.
  3. The mediation is private. Persons other than the parties and their attorneys will be permitted to be present only with the consent of both sides and the Mediator.
  1. First the Mediator will meet with both sides together. Each side shall make a presentation of their case in front of the other. The Mediator may ask questions of both sides in the presence of each other. At some point in the mediation the Mediator may call for a caucus. A caucus is a private meeting with first one side, then the other. Details of the rules concerning a caucus will be explained at the time. The two sides shall then be placed in separate rooms and the Mediator will speak with each side individually. The mediation will continue from that point in the manner that the Mediator believes is most productive. The Mediator may meet jointly or individually with the parties and their attorneys at any time.
  2. The mediation is confidential and all participants are bound by the agreement of confidentiality contained in the Mediation Agreement.
  3. The parties may entrust confidences to the Mediator, with assurance that the Mediator will not convey them to the other side without the permission of the disclosing party.
  4. The Mediator's job is to try to understand the positions of the parties and to attempt to reconcile them in the best manner possible. The Mediator shall make no recommendations unless asked to by both parties, and even in that event may elect to make no recommendation if he believes that it is not likely to bring the parties any closer.
  5. Since mediation is voluntary, any person or party is entitled to terminate their participation at any time. However, the parties are strongly urged not to do this so long as the Mediator thinks there is value in continuing the discussions,
  6. All retainer fees shall be due by the end of business on the third business day preceding the scheduled mediation. e.g.: If the mediation is scheduled for Thursday at 2:PM, the fees shall be due by end of business on Monday.