PAS MEDIATION GUIDELINES
PACIFIC ADR SERVICES is a not-for-profit organization offering dispute resolution services
to organizations and individuals involved in all types of professions and business enterprises.
Mediation is one method of resolving disputes.
For many years arbitration has been acknowledged as a successful method for resolving disputes.
More recently a growing number of attorneys and businesses have found that it is desirable to
provide a procedure that will serve the parties in resolving disputes even more quickly, to wit,
mediation.
Mediation facilitates the settlement of a controversy or claim by direct negotiations between
or among the parties themselves. The mediator participates impartially in the negotiations,
advising and consulting the various parties involved. The result of the mediation should be an
agreement that the parties find acceptable. If the parties can not reach a complete settlement
agreement, they may reach a partial settlement thereby shortening the time required for final
resolution in court or arbitration. The mediator cannot impose a settlement, but can only guide
the parties toward achieving their own settlement.
Depending on the expertise required for a given dispute, the parties can obtain the services of
one or more individuals who are willing to serve as mediator(s) . Pacific ADR Services has on
its panel experienced mediators who are retired judges, attorneys and professionals who have been
trained in the necessary mediation skills required for a successful mediation.
To the extent that mediation is unsuccessful, the parties may agree to submit their dispute to
final and binding arbitration administered by Pacific ADR Services (PAS) in accordance with its
Arbitration Rules. Copies of those rules are available on request.
Pacific ADR Services itself does not act as mediator. Its function is to administer the mediation
process in accordance with the agreement of the parties, to teach mediation skills and to maintain
panels from which qualified mediators can be chosen.
A MEDIATION CLAUSE
Parties may refer to these rules in their contracts. For this purpose, the following clause may
be used:
If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute
cannot be settled through direct discussions, the parties agree to first endeavor to settle
the dispute in an amicable manner by mediation administered by Pacific ADR Services
under its Mediation Guidelines.
SUBMISSION TO MEDIATION
After a dispute has arisen, the parties may agree to these Guidelines by means
of the following submission agreement:
The parties hereby submit the following dispute to mediation administered by Pacific ADR
Services under its Mediation Guidelines.
Note: In a Submission to Mediation, parties may also provide for the compensation of the mediators,
the method of payment, the locale of meetings, and any other item of concern to the parties.
1. AGREEMENT of the PARTIES
Whenever, by stipulation or in their contract, the parties have provided for mediation or
conciliation of existing or future disputes under the auspices of Pacific ADR Services,
they shall be deemed to have made these guidelines, as amended and in effect as of the date
of the submission of the dispute, a part of their agreement.
2. INITIATION of MEDIATION
Any party or parties to a dispute may initiate mediation by filing with Pacific ADR Services (PAS)
a submission to mediation or a written request for mediation pursuant to these policies. Where
there is no submission to mediation or contract providing for mediation, a party may request PAS
to invite another party to join in a submission to mediation. Upon receipt of such a request, PAS
will contact the other parties involved in the dispute and attempt to obtain a submission to
mediation.
3. REQUEST for MEDIATION
A request for mediation shall contain a brief statement of the nature of the dispute and the names,
addresses, and telephone numbers of all parties to the dispute and those who represent them, if
known. The initiating party shall simultaneously file two copies of the request with PAS and mail
one copy to every other party to the dispute.
4. APPOINTMENT of MEDIATOR
Upon receipt of a submission or agreement for mediation, PAS will appoint a qualified mediator to
serve. Normally, a single mediator will be appointed,unless the parties agree otherwise. If the
agreement of the parties names a mediator or specifies a method of appointing a mediator, that
designation or method shall be followed.
5. QUALIFICATIONS of MEDIATOR
No person shall serve as a mediator in any dispute in which that person has any financial or
personal interest in its result, except by the written consent of all parties. Prior to accepting
an appointment, the prospective mediator shall disclose any circumstance likely to create a
presumption of bias or prevent a prompt meeting with the parties. Upon receipt of such
information, PAS shall either replace the mediator or immediately communicate the information
to the parties for their comments. In the event that the parties disagree as to whether the
mediator shall serve, PAS shall appoint another mediator. PAS is authorized to appoint another
mediator if the appointed mediator is unable to serve promptly.
6. REPRESENTATION
Any party may be represented by counsel.
7. DATE, TIME, and PLACE of MEDIATION
The mediator shall fix the date and time of each mediation session. The mediation shall be held
at a place convenient to the parties and to the mediator as the mediator shall determine.
8. IDENTIFICATION of MATTERS in DISPUTE
At least ten days prior to the first scheduled mediation session, each party shall provide the
mediator with a brief memorandum setting forth its position with regard to the issues to be
resolved. These memoranda shall not be furnished to the other parties unless they have agreed
to mutually exchange them.
9. AUTHORITY of MEDIATOR
The mediator is authorized to conduct joint and separate meetings with the parties and to make oral
or written recommendations for settlement.
10. PRIVACY
Mediation sessions are private.Persons other than the parties and their representatives may attend
mediation sessions, but only with the consent of all of the parties and the mediator.
11. CONFIDENTIALITY
The mediator shall maintain the confidentiality of all information disclosed in the course of the
mediation. The mediator shall not be compelled to divulge such information or to testify in regard
to the mediation in any adversary proceeding or judicial forum.
The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce
as evidence in any arbitral, judicial, or other proceeding:
(a) views expressed or suggestions made by another party with respect to a possible
settlement of the dispute;
(b) admissions made by another party in the course of the mediation proceedings;
(c) proposals made or views expressed by the mediator; or,
(d) the fact that another party had or had not indicated willingness to accept a proposal
for settlement made by the mediator.
THERE SHALL BE NO STENOGRAPHIC RECORD OF THE MEDIATION PROCESS.
12. TERMINATION of MEDIATION
The mediation shall be terminated:
(a) by the execution of a full settlement agreement by the parties;
(b) by a declaration of the mediator to the effect that further efforts at mediation
would not be productive; or,
(c) by a declaration of a party or parties to the effect that the mediation proceedings
are terminated.
13. EXCLUSION of LIABILITY
Neither PAS nor any mediator shall be liable to any party for any act or omission in connection
with any mediation conducted under these guidelines.
14. INTERPRETATION and APPLICATION of GUIDELINES
The mediator shall interpret and apply these GUIDELINES insofar as they relate to the mediator's
duties and responsibilities. All other policies shall be interpreted and applied by PAS.
15. EXPENSES
All expenses of the mediation, including required traveling and other expenses of the mediator
and representatives of PAS, shall be borne equally by the parties unless they agree otherwise.
16. FEES
The mediators fee will be established before he/she is appointed.
There is no filing or set-up fee for establishing a mediation session. However, there will be a
surcharge fee of $40.00 per hour when the mediation takes place.
There is no charge to the requesting party where PAS invites other parties to join in a submission
to mediation.
The fees of PAS and the mediator are generally borne equally by the parties. The parties may vary
this arrangement by agreement.
17. DEPOSITS
Before the commencement of mediation, the parties shall each deposit such portion
of the fee covering the cost of mediation as PAS shall direct. PAS shall render
an accounting and return any unexpended balance to the parties when the mediation has terminated.
18. ARBITRATION
In the event a mediation session does not result in a full settlement of the
dispute, PAS, upon request of the parties,will continue with the administration
of the matter and appoint an arbitrator, in the manner agreed to by the parties,
who will hear and decide the matter and render a final and binding Award pursuant
to its Arbitration Rules.
There are two forms for you to print out:
(a) Submission to Dispute Resolution and (b) Demand for Arbitration
Send e-mail to Pacific ADR Services
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Copyright 1996, 1997, 1998 by Pacific ADR Services, and Magic Dragon Multimedia
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