Mediation Rules and Regulations

Introduction

These are the Arbitration Resolution Services, Inc. (ARS) rules and regulations governing the mediation of civil disputes between businesses or between businesses and consumers. These rules and regulations have been designed for the benefit of the parties and are intended to insure the quick, accurate and unbiased assistance to parties reaching a settlement of their dispute. Any party who submits an Application for mediation to ARS must agree to be bound by these rules and regulations.

Mediation with ARS Defined

Mediation is a process where all parties to a dispute attend a conference call (either telephonically or via video conference) for the purpose of trying to settle/resolve their dispute. The conference is conducted by a Mediator. The Mediator cannot impose a settlement on the parties.

ARS Mediators

ARS Mediators are all impartial individuals with specific knowledge and experience in various areas of the law, industries or nature of the dispute. Mediators do not represent the interests of any party and are selected solely by ARS.

1. SECTION 1: ROLE OF THE MEDIATOR

   1. The Mediator is a disinterested person trying to help the parties reach an agreed upon settlement.
   2. Mediators are required to abide by the Model Standards of Conduct for Mediators established by the American Bar Association. These standards require in part that a Mediator selected shall decline to preside over the mediation if they have an actual or potential conflict of interest and cannot conduct the mediation in an impartial manner. In such situation, the parties will be notified and will have the option of waiving any conflict of the Mediator presented or have a new Mediator assigned by ARS.

2. SECTION 2: Confidentiality and Privacy

   ALL COMMUNICATIONS and evidence submitted in connection with mediation conference, unless required by law, are kept strictly private and confidential.

   1. In that regard, Mediators shall not be compelled to divulge, nor may parties or their representatives divulge any information related at the mediation or otherwise testify in regard to the mediation in any adversary proceeding or judicial or arbitral forum.
   2. Nothing said or done at a mediation conference will be recorded or maintained in ARS files.

3. SECTION 3: Initiating a Mediation

   1. Any party to a dispute may request mediation after the party -- or if they are represented, their representative -- registers as a User with ARS. There is no cost for the registration.
   2. Any party may submit a claim to ARS provided that there is a contract between them which contains a provision for the resolution of disputes via mediation by ARS. If there is no provision all parties must agree to submit the dispute through mediation with ARS.
   3. The process for requesting a mediation conference with ARS is similar to initiating a request to Arbitrate. After completing the initial part of the Application, a Notice will be sent by ARS to the other party (ies) to obtain their consent. Unless mediation with ARS is specifically provided for in an agreement by the parties, participation is voluntary and will not proceed without the consent of all parties. After the agreement is obtained all parties will have an opportunity to submit all of their evidence and state their positions so that the Mediator can be familiar with the matter before the mediation takes place.
   4. Filing of a mediation or arbitration shall be deemed completed when the Application has been submitted, all Responses received, and applicable fees have been paid.
   5. Any notices required by the rules shall be given by email at the email address provided by the parties on the application.
   6. Where the parties had initially filed a request to arbitrate, they may request that a mediation take place any time up to the point at which an Arbitrator has been selected by ARS.

4. SECTION 4: Mediation Procedures

   1. Mediations may be conducted either telephonically or via video conference.
      1. If any of the parties, or representatives if they have one, require special accommodations to participate in the mediation, they are to notify ARS.
   2. ARS shall select the Mediator from its roster of Mediators who, based on their experience, is best suited to mediate the dispute.
   3. The parties and their representatives, if they have one, agree to cooperate with the Mediator to assure that the mediation is conducted as quickly as possible and make all reasonable efforts to be available at the designated time for the mediation.
   4. The Mediator shall facilitate discussions between the parties with the goal of assisting the parties in reaching their own resolution of the matter. The Mediator shall determine the procedure for the way the mediation is conducted.
   5. The Mediator may at times speak with each of the parties separately for the purpose of giving that party their opinions as to the strengths and weaknesses of their position. This known as a caucus.

5. SECTION 5: Postponements

   1. Any party may request a postponement of mediation one time. Any request shall be made to the Mediator who shall reschedule the mediation. In the event that a party needs a second postponement, they will be subject to a rescheduling fee. In no event will a party be entitled to more than two postponements. If any party is not available for a scheduled mediation session after two postponements, the mediation request shall be denied and the matter referred to an Arbitrator.

6. SECTION 6: Termination of Mediation

   1. The mediation may be terminated when: a) a settlement agreement is reached or b) where any party or the Mediator declares that further efforts to resolve the matter would be in vain. In the event of a settlement, ARS will provide upon request a form Settlement Agreement that the parties may use. It will provide for the optional entry of a Stipulated Arbitration Award. If elected by the parties, ARS will then issue a Stipulated Arbitration Award which reflects the terms of the settlement, and which may be converted to a judgment for enforcement purposes

7. SECTION 7: Costs and Fees

   1. Any and all costs or fees incurred in the mediation process shall be borne equally by all parties unless otherwise agreed by them in writing.

8. SECTION 8: Exclusion of Liability

   1. Neither ARS nor any Mediator shall be liable to any party for any error, act or omission in connection with any mediation conducted by ARS nor be considered a necessary party in any judicial procedure related to the mediation.