Mediation Rules 2017-12-27T17:30:08+00:00

CAMS Mediation Rules

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Rule M-1       Glossary:

(a)       “Advisory Board” means a committee of three (3) members, consisting of the President of CAMS and two other neutrals on CAMS’ roster of neutrals who are appointed by the President from time to time to serve on the Advisory Board.

(b)       “Mediation” means a voluntary private process that affords Parties an expeditious, time-saving and cost effective means of resolving disputes that might otherwise be arbitrated or litigated in the courts.  Negotiations are facilitated by a neutral, impartial third-party Mediator whose role is to assist the parties in reaching a mutually agreeable resolution of their dispute.

(c)       “Mediator” means a neutral and impartial individual who assists and guides the parties toward their own resolution in a Mediation, but who does not decide the outcome.  Although the individual selected as a Mediator may be a practicing attorney, no attorney-client privilege attaches to the communications between the Parties and the Mediator.  The Mediator does not serve as an attorney or advocate for any Party.

(d)       “Party” or “Parties” means each of the Parties and their respective counsel, if any, who participate in the Mediation.

€         “Rules” means the Mediation rules set forth herein and are hereinafter referred to as “the Rules” or “these Rules.”

Rule M-2       Consent to CAMS’ Rules:

By submitting any case to Mediation with a CAMS Mediator, the Parties are deemed to have consented and agreed to these Rules for the conduct of the Mediation.

Rule M-3       Mediation Fees and Expenses:

All Mediator compensation and reimbursable expenses shall be paid by the Parties in equal shares unless otherwise agreed by them.

Rule M-4       Matters for Submission:

The scope of matters, cases, disputes, claims and issues which may be submitted to Mediation is broad.  Subject to any requirements of law, Mediation under these Rules may be used for any matters that (a) are in litigation in any court, (b) required by statute, rule, regulation or court order to be submitted to Mediation, (c) are required by agreement to be mediated prior to taking any other legal steps, or (d) are the subject of negotiations which may benefit from the assistance of a Mediator.

Rule M-5       Request for Mediation:

The Parties may submit a matter for Mediation by signing and submitting to CAMS a Request for Mediation form which shall contain the names of the Parties, a brief statement of the matter to be mediated, and if the Mediation is to be conducted pursuant to a written agreement between or among the Parties, a copy of the agreement.

Rule M-6       Selection of Mediator:

(a)       The Parties may by mutual agreement select any Mediator on the CAMS roster of Mediators.  In the absence of a mutually agreed upon selection, the Parties may request the Advisory Board to select a Mediator for their case based on the Board’s assessment of which Mediator on the CAMS roster has appropriate subject matter expertise and/or experience.

(b)       If, after appointment to serve, the Mediator selected is unable to perform his/her duties, the Advisory Board shall declare a vacancy in the appointment, and unless the Parties agree otherwise, appoint another Mediator.

(c)       Any challenge to, or request for disqualification of, the Mediator who has been appointed shall be filed with CAMS, with notice to the other Party(ies) within five (5) business days of (i) the objectant’s receipt of th Mediator’s disclosures pursuant to Rule M-7.  The Advisory Board shall, with reasonable promptness, determine whether the Mediator shall continue to serve, and the determination shall be final and binding.

Rule M-7       Disclosures:

(a)       It is the obligation of any prospective or appointed Mediator to take appropriate steps to avoid the appearance of any conflicts of interest.  In furtherance of that obligation, the Mediator shall promptly disclose to the Parties and the Advisory Board if s/he has any current or prior direct or indirect personal, professional or financial interest in, or relationship with, the matter to be submitted to the Mediation and/or any of the Parties, their attorneys or any material participant in the Mediation.  The duty of the prospective or appointed Mediator to disclose hereunder shall be a continuing obligation throughout the entire Mediation process.

(b)       Any Party or attorney involved in the Mediation shall promptly disclose to CAMS and the other Parties to the Mediation any current or prior any current or prior direct or indirect personal, professional or financial relationship with a prospective or appointed Mediator.  The duty of the Party or attorney to disclose hereunder shall be a continuing obligation throughout the entire Mediation process.

(c)       After receipt of any such disclosure(s), the Party(ies) shall have a period of five (5) business days to file with CAMS any objection in writing to the service of the Mediator, specifying the reason for the objection.  If any Party files an objection to the Mediator, the matter shall be submitted to the Advisory Board for determination as to whether the mediator shall continue to serve, and such determination shall be final and binding.

Rule M-8       Waiver:

           (a)       Any Party or attorney who proceeds with the Mediation with actual or constructive knowledge that any provision or requirement of these Rules has not been complied with, and who fails to promptly file an objection in writing with CAMS, shall be deemed to have waive the right to object.

Rule M-9       Non-Liabliity:

Neither CAMS, members of the Advisory Board, nor the Mediator shall be liable to any Party for any act, omission or conduct in connection with the Mediation.          

Rule M-10     Immunity:

The Mediator, CAMS and its directors, officers, committees and employees, and the Advisory Board and its members, shall be immune from suit or other legal process and none shall be made a party or witness in any arbitration or judicial proceeding arising from, or related to, the dispute submitted to Mediation under these Rules.  The parties shall be deemed to have agreed that none of the foregoing persons is competent to testify as a witness in any court action, suit or proceeding.

Rule M-11     Pre-Session Conferences: 

After the Mediator has been assigned to the Mediation, the Mediator, in consultation with the Parties and/or their counsel, shall fix a date and time for a joint conference or separate conferences with counsel and/or the Parties, via telephone or in person, in advance of the initial Mediation session.

Rule M-12     Mediation Statements:

(a)       Unless otherwise agreed among the Parties and the Mediator, at least ten (10) days before the first scheduled mediation session, each party shall p0repare and deliver to the Mediatory, either ex parrte or as the Parties and the mediator may otherwise agree, a written statement presenting in concise form:

(i)        the Party’s contentions as to key facts, legal issues, liability and damages, and any other information that will advance settlement prospects or make the Mediation more productive:

(ii)       the status of any settlement negotiations;

(iii)      the names of the persons, in addition to counsel, with full authority to resolve the matter who will attend the Mediation; and

(iv)      any other material or information as may be required by the Mediator.

Rule M-13     Confidentiality of the Mediation:

The Mediation process shall be considered a settlement negotiation for the purpose of all federal and state rules protecting disclosures made during such negotiations from later discovery or use in evidence.  The entire procedure shall be confidential, and no stenographic or other record shall be made.  All conduct, statements, promises, offers, views and opinions, oral or written, made during the Mediation by any party or a party’s agent, employee or attorney are confidential and, where appropriate, are to be considered work product and privileged.  Such conduct, statements, promises, offers, views and opinions shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence otherwise subject to discovery or admissible is not excluded from discovery or admission in evidence simply as a result of it having been used in connection with the Mediation process.    At the discretion of the Mediator, the Mediator may destroy his/her files, including notes after the last session of the Mediation is held or any matters which otherwise relate to the Mediation.

Rule M-14     Mediator’s Immunity:

(a)       The Mediator and his/her agents shall have the same immunity as judges and court employees have under federal, state and common law from liability for any act or omission in connection with the Mediation, and from compulsory process to testify or produce documents in connection with the Mediation.

(b)       The Parties (i) shall not call or subpoena the Mediator as a witness or expert in any proceeding relating to the Mediation, the subject matter of the Mediation, or any thoughts or impressions which the Mediator may have about the parties to the Mediation, (ii) shall not subpoena any notes, documents or other materials prepared by the Mediator in the course of or in connection with the Mediation, and (iii) shall not offer in evidence any statements, views or opinions of the Mediator.

(c)       The Parties, their attorneys and all other persons attending or participating in the Mediation shall sign a confidentiality agreement substantially in the form of Exhibit A annexed to these Rules.

Rule M-15     Parties’ Obligations:

(a)       All Parties shall cooperate with the Mediator and with each other.

(b)       Parties or their representatives, who appear at the Mediation, must have knowledge and understanding of the issues.

(c)       Either the Party or the Party’s representative, or both, who appear at the Mediation shall have full authority to settle the matter.

Rule M-16:    Role of the Mediator:

           The Mediator shall assist the Parties to the Mediation by attempting to satisfactorily resolve the dispute.  In assisting the Parties, the Mediatory may:

(a)       meet and/or speak separately and/or jointly with the Parties;

(b)       obtain expert advice with the consent of the Parties;

(c)       when appropriate, recommend settlement, and/or

(d)       terminate the Mediation.

Rule M-17     Termination:

The Mediation shall terminate when there is a settlement agreed to by the Parties, or if there is a declaration by the Mediator or a Party that the Mediation is terminated.

Rule M-18     Costs/Fees:

           All charges and expenses of the Mediator shall be borne equally by the Parties, or as they may otherwise agree, and are payable upon receipt of an invoice.  The Mediator shall arrange for the billing and collection of his/her fees and expenses, including, but not limited to, fees for pre-mediation conferences, study time, communications with the Parties, review of documents, attendance at mediation sessions, and assistance in drafting of settlement documents at the request of the Parties.

Rule M-19     Rules:

Any questions, concerns or disputes raised by any Mediation participant regarding the application or interpretation of these Rules and/or any amendments hereto, shall be resolved by the Advisory Board, whose decision shall be final and binding.

Rule M-20     Headings:

The headings used in these Rules are made for convenience, are used for general reference purposes only, and shall not be construed to describe, define or limite the scope of, or otherwise affect, the interpretation or meaning of these Rules or any of their provisions.

(Revised December, 2017)