INTRODUCTION
These Rules for my mediations have been crafted to keep the process as simple, and as speedy as those involved can make it, consistent with a fair hearing. Unless all parties agree to a modification of these Rules, or to the selection of any option mentioned below, each of the "Rules" is binding. If you select an option, in writing, or agree to an amendment of the Rules, again in writing, and all parties sign the agreement and forward it to Darryl Fohrman, Darryl Fohrman will abide by the choice and conduct himself accordingly. Darryl Fohrman reserves the right not to permit amendment to the Rules, should the amendment have any economic impact on Darryl Fohrman's operations.
THE AGREEMENT TO MEDIATE
When you have agreed to mediate according to Darryl Fohrman's Rules, these are the rules you will be following.
Such an agreement can occur in advance of disputes, as in a written contract to purchase or sell, or provide some service, in which it is agreed that disputes will be handled according to Darryl Fohrman's Rules.
You could also agree, after a dispute has come about, to handle your dispute through mediation.
STARTING MEDIATION
Four situations are likely.
First, you may have agreed, in a written contract, to mediate any disputes arising in connection with the contract or some other transaction. In this case, if either of the parties notifies Darryl Fohrman in writing of the desire to mediate a dispute, stating simply the nature of the dispute, and the names, addresses, and telephone numbers of the opposing parties, Darryl Fohrman will begin the process of setting a hearing time, and giving appropriate written notice to all concerned.
Two, it's possible that an agreement has been reached, orally or in writing, since the contract was entered. Often, parties wishing to control the cost of disputes, and to better manage them to swift conclusion, will agree to mediate a dispute rather than permit it to fall into the courts and litigation. Darryl Fohrman will respond to your written or oral request for mediation exactly as if you had agreed to mediation in your original contract.
Three, it's possible that you don't know whether the other party will agree to mediation or not. If you'll call me, or write me, telling me about the dispute and giving me the name, address, and telephone number of the other parties, l'll contact them to see if they won't agree to a quicker, less expensive process of dispute resolution. If they do, I'll notify you, prepare a simple agreement incorporating these mediation rules (unless you or an attorney would prefer to do this), then I will proceed with setting the time for the hearing.
Four, a county or circuit court judge has ordered mediation. In this case, if either of the parties notifies Darryl Fohrman in writing of the desire to mediate a dispute, stating simply the nature of the dispute, and the names, addresses, and telephone numbers of the opposing parties, Darryl Fohrman will begin the process of setting a hearing time, and giving appropriate written notice to all concerned.
USING LAWYERS IN MEDIATION
I encourage the use of the services of a lawyer during mediation, and in preparation for mediation. However, I have ample experience with dispute resolution processes, and lawyers are not required to let you use the system. The additional cost of a lawyer may not be required, or desirable to the parties. I do not require that anyone have a lawyer, but if one of the parties employs a lawyer, the other party or parties should seriously consider doing so as well. Lawyers have detailed and specialized knowledge about dispute resolution, and can be extremely helpful in resolving disputes. As a mediator, I am not permitted to give legal advice, but I can provide limited information about the law.
Since there are no rules of evidence or procedure or "traps" to worry about in mediated proceedings, you may choose to attend without a lawyer. If you do so, I encourage you to use the services of a lawyer in evaluating any agreement reached during mediation, before it becomes final and binding. Agreements can be reached "in principle" which are clearly stated not to be binding upon any party, until the parties and their attorneys have signed the documents to signify their approval.
WITNESSES
You won't need to go to the expense of bringing your witnesses to mediation. If you'd like, you can have them write out statements about what information they would give if they came. Or, you can simply tell the mediator what they have told you.
There's no examination or cross-examination of anyone, including any witnesses, during a mediation.
SETTING THE MEDIATION CONFERENCE
I will set the date, time, and the place of each mediation session. I will endeavor to set a time, date, and place that is mutually agreeable to all parties, and their attorneys. However, if after five business days of effort to find a mutually acceptable time, date, and place, this cannot be accomplished by me, then I will set a date not less than sixty days from the date on which the effort to find a hearing date was commenced. This date, time, and place will be as binding upon the parties as if agreed to by them, in writing.
CANCELLATIONS AND POSTPONEMENTS OF HEARINGS
When mediation dates and times are reserved, you are not buying an "option" on the mediator's time and resources, which you may choose to exercise or not. You are actually buying the committed date and hours for the hearing, and the mediator's commitment to be there for the time and on the date reserved. When you reserve your date and time, I have committed my resources to your mediation during the period of time you have requested.
When a mediation conference date and time is scheduled, the mediator is 100% committed to being present, barring acts of nature, serious illness or death.
If you should cancel your mediation more than fourteen days before the hearing, with the agreement of all parties, then there will be no charge for the reserved time. Any amounts paid to me in excess of $200.00 will be refunded.
If you cancel or postpone within thirty days of the committed hearing time, and I am able to find other mediation work for all or a part of the reserved time period, then to the extent other work is found, there will be no charge for the committed time. To the extent I am unable to replace the committed work with new work, you will be I will retain all sums paid to the date of cancellation or postponement.
When a cancellation or postponement occurs, and an additional hearing is requested, the party (if one party's emergency brings about a cancellation or postponement) or the parties (when all parties have agreed to a cancellation or postponement), will deposit with me the additional total sum of $200.00, to cover my additional costs for further processing of the case.
Once all parties have agreed to a mediation time, date and place, I will not change it unless all parties agree to the change. Please agree to these terms with care, and be sure your schedule is free for the time and date.
WHAT IF I FORGET, OR JUST DECIDE NOT TO COME TO THE MEDIATION CONFERENCE?
You will have to pay for the mediator's time, and pay a new deposit. I will make all payments from and to the extent of the deposit you made. I will send you an invoice showing these payments, and what you must further deposit, in order to have a later mediation conference. If you do not send us the additional deposit, the mediation will be cancelled.
PRE-CONFERENCE MEMORANDA
You will have to decide whether it would be helpful to me and to others involved in the dispute to have a written understanding of how you see things. If you do, you're welcome to provide such a document to me and to the other parties in advance of the mediation conference.
Because I do not make decisions that are binding on you, it is perfectly all right for you to submit documents, in confidence, to me before the session. I am trained not to be influenced by any private communication, only to be informed by them. However, we realize that you may wish to give information to me, as you would during one of the private conferences in a mediation session, but in advance of the conference date. This is perfectly permissible.
I will invoice you for the time required by me to review the materials you submit.
CONDUCT OF THE MEDIATOR>
I will conduct myself according to the standards of conduct adopted for court certified mediators in Florida. These standards are published by the Supreme Court of Florida.
I will conduct mediations according to the Florida Rules of Civil Procedure, except when those Rules conflict with these Rules, in which case these Rules will govern.
By following published standards and Rules, we can assure due process and an effective mediation to all those who bring disputes to me for mediation.
MY HEARINGS ARE CONFIDENTIAL
Hearings and conferences which are conducted by me are closed to the public. They are private, confidential proceedings, to be attended only by the disputants and parties, their attorneys, and any other trusted experts and advisors. All parties and their attorneys, by using this dispute resolution process, agree unconditionally that the mediator will not be subpoenaed or summonsed for any purpose nor at any time be required to testify concerning the proceedings.
No party or other person attending the mediation session will testify about any communication made during such hearing, or any communication between that party or person and me.
No one will make any recording or stenographic record of the conference or hearing. Note taking during the proceedings is permitted, but no verbatim or semi-verbatim records shall be made by any person.
All parties agree, by using a my dispute resolution process, that I am not a necessary or proper party in any proceedings, judicial, or administrative, relating to the dispute resolution process, nor shall I be liable for any act or omission to act in connection with the conduct of mediation pursuant to these Rules.
WHEN YOU DON'T UNDERSTAND WHAT A RULE MEANS
When your question involves the conduct of the mediation conference, then I will be the sole and final judge of the meaning of the Rule.
If the problem arises in the administration of mediation, other than in the actual conduct of the mediation conference and what goes on when the parties are meeting together, then I will be the sole and final judge of what should be done.
SOME OTHER THINGS I CHARGE FOR
I reserve the right to make reasonable and customary business charges for long copy runs, long distance telephone calls made at your request, FAX transmissions and receipts made for your convenience, and for any costs we advance for you or your hearing (such as requested projectors, screens or other equipment you especially ask for).
MEDIATION AND ARBITRATION OF DISPUTES ARISING UNDER THIS AGREEMENT
In the event a dispute arises between myself, and any party, attorney, or other person involved in the mediation proceedings, which is related to my services, directly, such dispute will be handled first by mediation, and if mediation fails to succeed in producing an acceptable settlement of the dispute within ninety days from the date notice was given to myself of the dispute, then by binding arbitration pursuant to the Florida Arbitration Code. Any conflicts between the Code and these Rules shall be resolved by following these Rules.
The arbitrators will be selected as follows. Each party may choose an arbitrator, and must do so within ten days following the date mediation is terminated. These arbitrators will meet, and will select a third arbitrator, who will be the chief arbitrator.
CONCLUSION
Thank you for using my services! I would appreciate your suggestions for further streamlining our processes.
These rules provided with the permission of Dispute Management, Inc., of Orlando, Florida, 800-541-7855 which retains the copyright.
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