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Procedures

Agreement of Parties
By agreeing to mediate, parties agree to negotiate, in good faith, to attempt to settle their differences. Neither maps® nor the mediator has the power or authority to compel the parties to settle, or even to continue negotiating.

maps® Neutrals
maps® Neutrals have undergone extensive training and are highly skilled in accordance with maps® Code of Conduct. No neutral shall serve as mediator in any dispute in which there is a conflict of interest, unless there is full disclosure and agreement by all parties. 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 any party objects to such mediator, a new mediator will be appointed.

maps® Case Management Staff
maps® case managers have a combined four decades worth of experience, having convened over 50,000 alternative dispute resolution matters ranging from two-party personal injury to multi-party class action. From the moment of initial contact, your case manager will guide you, your staff, or outside professionals through the process.

Conduct of Mediation Sessions
The mediation session commences with a brief joint meeting at which the parties summarize their respective positions and highlight the key facts and issues. Thereafter, the mediator conducts successive confidential meetings with each party, during which they privately review, reconsider and refine their respective arguments, claims, defenses, demands, responses and settlement positions. Parties will be represented by a person with authority to settle the case. The parties and mediator may agree to different format if the circumstances are such that a different format would be beneficial the case.

Process is Confidential and Privileged
Everything that is done, said or produced during a mediation is confidential and privileged. All participants (mediator, attorney, company representatives and others) must sign the confidentiality agreement prior to their participation in the mediation. All persons participating shall refrain from introducing any aspect of the mediation into evidence or otherwise interrogating any person on anything said, done or produced during the mediation. Further, the parties are prohibited from discussing, broadcasting or disseminating, in any fashion, including through electronic means (e.g. social media) anything that was done, said or produced during a mediation, except as may be necessary to conclude the mediated matter or continue proceeding with the case.

Not Acting As Legal Counselor Expert
During the mediation and thereafter, neither maps® nor the mediator will act as legal advisor or legal representative for any of the parties; and neither maps® nor the mediator has a duty to assert, analyze or protect any legal right or obligation including lien rights, statutes of limitation or any other time limit or claim requirement. Nor will maps® or the mediator have the power or authority to compel a party to participate in mediation.

Termination
The mediation shall be terminated in any of the following circumstances:

  • By a settlement agreement between the parties;
  • By a declaration by the mediator to the effect that, in his or her judgment, further efforts at mediation would likely prove futile;
  • By a declaration by any party that they wish to terminate the mediation.

Costs
The costs of the mediation depend on the nature of the dispute and the amount of mediator time involved. Most cases involve a basic administrative fee plus an hourly fee. In many cases, the parties agree to split the mediation costs, although it is not uncommon for one party to agree to pay all costs.

 

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