Mediation Ground Rules
Ground rules set the tone for the mediation session and should be agreed upon by all parties prior to the start of mediation. The following rules shall be observed by the parties during the mediation session, and will be monitored by the Mediator. Parties will have the opportunity to discuss and add to the following:
- Prior to the mediation session, all known relevant information should be disclosed to all parties, including the Mediator.
- Throughout the mediation process, whenever further information is identified as necessary to the resolution of the dispute, it should be provided as soon as possible.
- Everything disclosed during the mediation session will be without prejudice.
- Complex concepts and documentation should be simplified to the fullest extent possible to ensure understanding by all.
- Participants will refrain from personal attacks or characterizations.
- Participants will treat all parties involved in the process with respect. This means allowing each party an opportunity to present ideas and solutions without being interrupted.
- During the mediation session, parties may consult with individuals (i.e., their own legal counsel or subject matter experts).
- The Mediator or parties can request a caucus at an appropriate time.
- All proposed solutions and alternatives should be considered thoroughly by all parties.
- Parties should use objective criteria (such as cost, efficiency, regulatory requirements, etc.) to evaluate proposed solutions.