Mediation
Rules, & Procedures of
Jim Bidwell, Inc. (JBI)
in
effect January 1, 1995 ©
Table
of Contents
I.
Agreement of Parties to Submit Matters to Confidential
Mediation
II.
Initiation & Commencement of Mediation
III.
Selection and Appointment of Mediator
IV.
The Role of the Mediator
V.
Date, Time & Place of Mediation
VI.
Submission of Statements, Documents and Other Materials
VII.
The Duties and Obligations of the Mediator and the Mediation Session
VIII.
Privacy and Confidentiality
IX.
Representation
X.
Role of the Mediator in Other Proceedings
XI.
Closure of the Mediation Proceeding
XII.
Exemption from Liability
XIII. Fees, Expenses & Deposits
I.
Agreement of Parties to Submit Matters to Confidential
Mediation/Conciliation/Facilitation
a) Whenever, by contract or special agreement, parties decide to settle dispute/s under the JBI Mediation Rules, these rules shall apply.
b) Any dispute or any issue related to the dispute, including procedural issues, may be submitted for mediation with the agreement of all parties upon the execution of a written submission agreement.
c) The parties may agree to
exclude or vary any of these rules at any time.
II.
Initiation & Commencement of Mediation
a) A party to a dispute initiates mediation by advising the other party, in writing, briefly identifying the nature of the dispute. If there is no provision for mediation in the contract, the claimant may invite the other party to agree to mediation.
b) The receiving party shall
reply within fifteen (15) days from the date sent or within such period of time
as specified in the invitation.
c) The
parties to an existing dispute or controversy may initiate a mediation
proceeding by: (1) submitting a fully executed Submission to ADR form to JBI
which includes the names, addresses, telephone numbers of all parties and
counsel involved in the dispute or controversy and which describes the nature of
the dispute and the remedy(s), relief sought; or (2) submitting a letter
agreement or written stipulation to JBI which contains all of the
above-referenced information. If no previous agreement to submit a matter to
mediation exists, a party or parties may request that JBI invite the voluntary
participation in a mediation proceeding of the other party(s). As a neutral ADR
administrator, JBI will contact all relevant parties to educate them about the
mediation process and seek their voluntary participation. JBI may also convene a
meeting of the parties in order to provide a forum for the exploration of
applicable procedures and the creation of an appropriate submission agreement.
III.
Selection & Appointment of Mediator
The
parties agree to Mr. James K. Bidwell of JBI as Mediator in the matter at
dispute.
IV. The
Role of the Mediator
a) The mediator shall act in an
independent, neutral and impartial manner to assist the parties in reaching an
amicable settlement of the dispute.
b) The mediator shall be guided by principles of objectivity, fairness and
justice.
c) The mediator shall not be
liable for any act or omission arising from his/her role as mediator.
V.
Date, Time and Place of Mediation
a) Unless otherwise agreed, the mediation shall be held in the City of Akron or Cleveland, Ohio at a convenient location agreeable to the mediator and the parties.
b) The date, time and place for the first hearing and all subsequent hearings, if any, shall be determined by the mediator in consultation with the parties.
c) The mediator, the parties and
their representatives may meet in person or by telephone conference call at the
mediator's discretion, in joint sessions or in separate caucuses. E-mail and
other forms of communication are appropriate and encouraged
VI.
Submission of Statements, Documents and Other Materials
a)
At least ten days prior to the first scheduled mediation session, the parties
shall exchange and submit to the mediator written summaries describing the
nature of the dispute and identifying the issues to be resolved.
b) The mediator may request either or each party to submit further explanation
of its position, supplemented by any documents or other information deemed
appropriate.
VII. The
Duties and Obligations of the Mediator and the Mediation Session
a) At the commencement of the
mediation session, the parties shall make oral presentations explaining their
positions.
b) The mediator may question the parties to clarify their positions.
c) The mediator shall, in
separate caucuses, review the strengths and weaknesses of each party's
contentions and make suggestions accordingly. However, any information supplied
by a party to the mediator on a confidential basis shall not be disclosed to the
other party without advance agreement of the party furnishing the information.
d) The mediator shall have no authority to impose a settlement, to
issue decisions, enforce discovery, or impose conditions or settlement terms on
the parties, but shall act as a neutral and impartial facilitator to help
the parties narrow their differences and reach a resolution of their dispute.
e) If requested by the parties, the mediator may at any stage of the proceedings offer settlement proposals with discretion to provide or not provide reasons therefor.
f) No formal record or transcript
of the mediation shall be made.
g) The
primary function of the Mediator is to help the parties reach a mutually
acceptable resolution of their dispute. In order to accomplish this objective,
Mediators may conduct joint sessions and private caucuses with some or all of
the parties. Mediators may also make recommendations to the parties about
possible settlement terms; however, the Mediator's recommendations are advisory
in nature and are not binding upon the parties.
VIII.
Privacy and Confidentiality
The parties and the mediator
agree not to disclose, transmit, introduce or otherwise use opinions,
suggestions, proposals, offers, or admissions obtained or disclosed during the
proceedings by the parties or the mediator as evidence in any lawsuit,
arbitration or other proceeding, unless authorized in writing by all parties to
the mediation or compelled by law. The fact that a mediation has occurred or is
continuing shall not be considered confidential.
The
process of mediation is by its nature a private proceeding. JBI and the
neutral(s) appointed by JBI are obligated at all times to maintain the privacy
of (a) the nature of and parties to a dispute, (b) the status of any ongoing ADR
proceedings, and (c) the terms of settlement, if any, that were or may be
reached in the mediation.
Persons
having a direct interest in the mediation proceeding may attend joint and
private mediation sessions (only those private sessions that are specifically
designated by the Mediator). Any other person or persons who wish to attend
and/or participate in the mediation proceeding may do so only with the express
permission of all of the other parties and with the authorization of the
Mediator.
IX. Representation
The parties have the right to be represented by counsel, but each party shall
have present an individual with decision-making authority to discuss, negotiate
and conclude a settlement. The parties may appear pro se if they so choose but
may seek counsel at any time during the mediation.
X.
Role of the Mediator in Other Proceedings
The mediator shall not transmit or otherwise disclose confidential information provided by one party to any other unless specifically authorized in writing by the party providing the confidential information.
XI. Closure
of the Mediation Proceeding
a) Mediation is voluntary and any party may withdraw from the proceedings at any time prior to the execution of a written settlement agreement by giving written notice to the mediator and the other parties.
b) Any settlement reached in the mediation will not be legally binding until it has been reduced to writing and signed by the parties.
c) The
parties and/or the Mediator may close the mediation proceedings as follows: (1)
the parties agree to the terms of and sign a binding and enforceable settlement
agreement, or (2) the parties enter into and the appointed neutral signs a
Stipulated Award of Arbitrator, or (3) the Mediator declares that an impasse
exists, or (4) one or more of the parties withdraws from the mediation
proceeding and the remaining parties elect not to proceed, or (5) one or more of
the parties is stayed from proceeding in mediation by an order from an
appropriate court, and the remaining parties elect not to proceed.
XII.
Exemption from Liability
Neither
Jim Bidwell, Inc., Inc. nor the JBI appointed neutral are necessary parties to
any arbitral, judicial or administrative proceeding which arises from or relates
to the mediation proceeding or the parties thereto. By agreeing to these Rules,
Procedures and Protocols, the parties acknowledge that neither JBI nor the JBI
appointed neutral is or shall be liable for any act or omission that occurs in
relation to the administration and/or conduct of the mediation proceeding under
these Rules, Procedures and Protocols.
XIII. Fees, Expenses & Deposits
JBI
and the JBI appointed neutral will charge a single negotiated hourly or daily
fee on each case. In order to assure the highest degree of objectivity and
independence, JBI will negotiate and administer all arrangements for
compensation between the parties and the JBI Neutral. The JBI/neutral hourly or
daily fee covers the compensation of the neutral as well as all other costs
normally associated with the administration and conduct of an ADR proceeding
(e.g. hearing room charges, case administration expenses, phone and fax charges,
etc.) Out-pocket-expenses incurred by the JBI neutral in the course of the
mediation proceeding (e.g. transportation, lodging, meals, etc.) will be borne
equally by the parties unless all parties agree to a different allocation.
JBI
will require each party to submit in advance of the proceeding a deposit for the
anticipated JBI/neutral fees and expenses. All funds deposited with JBI are held
in trust. JBI is responsible for issuing payment(s) to the neutral(s) and any
refunds which may due to the parties at the conclusion of the case.
JBI
and the appointed neutral reserve the right to suspend services at any time due
to insufficient deposits or non-payment.
From
here, Jump to Mediation Submission form. Fill out the form and submit it
to JBI
Company Data / Construction Claims / Arbitration / Partnering / Engineering Services / Mediation/ Contract Administration for Architects/ Projects
Jim Bidwell, Inc.
2827 8th Street
Cuyahoga Falls, Ohio 44221
Telephone: 330-923-6817
FAX: 330-923-8947
Email: jim@jimbidwell.net