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JAMS International Mediation Rules
August 2006
NOTICE: These rules are the copyrighted property of JAMS. They cannot be copied, reprinted or used in any way without permission of JAMS, unless they are being used by the parties to a mediation as the rules for that mediation. If they are being used as the rules for a mediation, proper attribution must be given to JAMS. If you wish to obtain permission to use our copyrighted materials, please contact JAMS at 949-224-1810.
Application of Rules
Initiation of Mediation
Appointment of the Mediator
Disclosures and Replacement of a Mediator
Representation
Date, Time and Place of the Mediation
Conduct of the Mediation and Authority of the Mediator
Privacy
Confidentiality
Exclusion of Liability
Interpretation and Application of the Rules
Administrative Fees
Role of Mediator in Other Proceedings
Resort to Arbitral or Judicial Proceedings
Referral to MEDAL Alliance Members
Application of Rules
1. These Rules apply to the mediation of disputes where the parties seek the settlement of such disputes and where, either by stipulation in a contract or by agreement, they have agreed that these Rules will apply. The parties may agree to vary these Rules at any time.
Initiation of Mediation
2. Any party or parties to a dispute wishing to initiate mediation may do so by filing with JAMS a submission to mediation or a written request for mediation pursuant to these Rules.
3. A party may request JAMS to invite another party to participate in mediation. Upon receipt of such a request, JAMS will contact the other party involved in the dispute and attempt to obtain an agreement to participate in mediation.
4. A request for mediation should contain a brief statement of the nature of the dispute. It shall also set forth the contact information of all parties to the dispute and the counsel, if any, who will represent them in the mediation.
Appointment of the Mediator
5. Upon receipt of a request for mediation, and if the parties have not jointly notified JAMS of their mutual choice of a mediator, JAMS will provide the parties with a list of no fewer than five persons who would, in JAMS’ view, be qualified to mediate the dispute. In compiling the list, JAMS will take into account the nationalities of the parties, the language in which the mediation will be conducted, the place of the mediation, and any substantive expertise that may be required or helpful. Each party may strike up to two names and will number the remaining names in the order of preference. In light of the parties’ expressed preferences, JAMS will appoint the mediator. Normally, a single mediator will be appointed unless the parties agree otherwise. JAMS may recommend co-mediators in appropriate cases.
Disclosures and Replacement of a Mediator
6. Any mediator, whether selected jointly by the parties or appointed by JAMS, will disclose both to JAMS and to the parties whether he or she has any financial or personal interest in the outcome of the mediation or whether there exists any fact or circumstance reasonably likely to create a presumption of bias. Upon receiving any such information, after soliciting the views of the parties, JAMS may replace the mediator, preferably from the lists of acceptable mediators previously returned by the parties.
Representation
7. Any party may be represented by persons of the party’s choice. Representation by counsel is not required. Parties other than natural persons are expected to have present throughout the mediation an officer, partner or other employee authorized to make decisions concerning the resolution of the dispute.
Date, Time and Place of the Mediation
8. The mediator will fix the date and the time of each mediation session. The mediation will be held at a JAMS office convenient to the parties, or at such other place as the parties and the mediator agree.
Conduct of the Mediation and Authority of the Mediator
9. The mediator may conduct the mediation in such a manner as he or she considers appropriate, taking into account the circumstances of the case, the wishes of the parties, and the need for a speedy settlement of the dispute. The mediator does not have the authority to impose a settlement on the parties. The mediator is authorized to conduct both joint and separate meetings with the parties. If requested, the mediator may make oral or written recommendations concerning an appropriate resolution of the dispute.
Privacy
10. Mediation sessions are private. Persons other than the parties and their representatives may attend only with the permission of the parties and with the consent of the mediator.
Confidentiality
11. All information, records, reports or other documents received by a mediator while serving in that capacity will be confidential. The mediator will not be compelled to divulge such records or to testify or give evidence in regard to the mediation in any adversary proceeding or judicial forum. The parties will maintain the confidentiality of the mediation and will not rely upon, or introduce as evidence in any arbitral, judicial or other proceeding:
(i) views expressed or suggestions or offers made by another party or the mediator in the course of the mediation proceedings;
(ii) admissions made by another party in the course of the mediation proceedings relating to the merits of the dispute; or
(iii) the fact that another party had or had not indicated a willingness to accept a proposal for settlement made by another party or by the mediator.
Facts, documents or other things otherwise admissible in evidence in any arbitral, judicial or other proceeding, will not be rendered inadmissible by reason of their use in the mediation.
Exclusion of Liability
12. Neither JAMS nor any mediator will be liable to any party for any act or omission alleged in connection with any mediation conducted under these Rules.
Interpretation and Application of the Rules
13. The mediator will interpret and apply these Rules insofar as they relate to the mediator’s duties and responsibilities. All other procedures will be interpreted and applied by JAMS.
Administrative Fees
14. Unless otherwise agreed by the parties to the mediation, all of JAMS’s administrative fees and expenses, including, without limitation, the fees and expenses of the mediator, will be divided equally between or among the parties to the mediation.
Role of Mediator in Other Proceedings
15. Unless all parties agree in writing, the mediator may not act as an arbitrator or as a representative of, or counsel to, a party in any arbitral or judicial proceedings relating to the dispute that was the subject of the mediation.
Resort to Arbitral or Judicial Proceedings
16. The parties undertake not to initiate, during the mediation, any arbitral or
judicial proceedings in respect of a dispute that is the subject of the mediation, except that a party may initiate arbitral or judicial proceedings when, in its opinion, such proceedings are either necessary to toll a limitations period, including a statute of limitations that may be applicable, or are necessary otherwise to preserve its rights in the event that the mediation is unsuccessful.
Referral to MEDAL Alliance Members
17. In the event the parties express a preference to mediate in Europe, JAMS may refer the matter to mediation in accordance with the mediation rules of the appropriate MEDAL member. If, in the view of JAMS, the nature of the dispute and its underlying facts would suggest that a European mediator would or should be considered, the list of potential mediators sent pursuant to paragraph 5 above will include MEDAL recommended mediators as well as JAMS mediators.
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