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| Home Page | About N G Trainor & Associates | Description of the mediation process |
Examples of mediation rules | Construction process terms |
E-mail NG Trainor |
| Construction mediation rules typically read as follows with the understanding that, because of the informal nature of mediation, these rules are recommendations and may be adjusted to accommodate the interests of all parties. | RULES OF MEDIATION |
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Rules of Governing Bodies |
For court ordered mediation these rules are superseded by those appearing in the judge's order. Where applicable, the rules of mediation as set forth by local governing bodies shall apply. |
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Pre-Mediation Requirements |
The parties shall be required to sign a Notice of Mediation incorporating these rules by reference. The plaintiff's attorney shall be responsible for scheduling, coordinating and furnishing a location for the mediation. Each party shall notify the mediator of the names of their participants so that the mediator may be able to identify any conflicts. Participants shall notify the plaintiff's attorney if there are any special needs required by any of the attendees. The parties are required to inform the mediator if the issues are currently being mediated. Each party shall furnish a brief summary of the issues and their expectations to the mediator at least five (5) days before the scheduled mediation. The furnishing of copies of the summaries to the other party shall be at the discretion of the issuer. It is the responsibility of the plaintiff's attorney to notify the mediator if settlement has been reached before the scheduled mediation. |
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Mediation Representatives |
Each party shall be represented by an individual with full authority to settle. Any party intending to furnish an expert for testimony shall advise the mediator and the other party at least seven (7) days before the scheduled mediation. Each party shall furnish a list of attendees to the mediator and the other party. |
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Mediation Process |
The mediator shall conduct the session. The parties shall refrain from interrupting while others are speaking. Attendance at the session is expected to be continuous with all parties focused on the matters at hand. The mediator shall: - have no power to impose a settlement. - not give legal advice. - recommend to seek advice of counsel in legal matters. - be obligated to disclose any previous relationships that may cause conflicts or biases. - remain neutral. - be authorized to make recommendations for settlement. - seek to assist the parties in exploring options and alternatives. |
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Confidentiality |
All oral and written communications during the mediation, other than a written agreement, shall be confidential and inadmissible in any future adversary proceedings unless agreed to by all parties or to the extent allowed by law. The substance of any discussions during a private session (caucus) shall be disclosed only to the extent allowed by the attending party. The mediator will retain only non-confidential information for a period of three (3) years. |
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Agreement |
Any agreements or partial agreements reached at the mediation shall be summarized in writing by the parties' attorneys before the conclusion of the mediation. |
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Fees |
Fees for the mediator shall be as set forth in a separate schedule and shall be incorporated by reference in the Notice of Mediation. Mediation fees shall be equally shared by the parties. The mediator's fee schedule shall disclose session time, non-session time and co-mediation rates, minimums due for rescheduling or cancellation and rates for appearing at future legal proceedings. Minimum scheduled time shall be one (1) eight hour day. The minimum shall be due and payable unless the mediator is notified of cancellations or rescheduling 48 hours in advance of the scheduled session. That party responsible for the canceling or rescheduling without sufficient notice shall be responsible for the mediator's fees. All fee agreements are with the attorneys. It shall be the attorneys' responsibility to establish escrow accounts if deemed necessary. Fees are due upon receipt of the mediator's invoice. |
| Email NG Trainor for additional information. |
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N. G. Trainor & Associates
1440 Coral Ridge Drive # 337
Coral Springs FL 33071-5433
tel. 954-753-4584
fax. 954-753-4603
email: norman@ngtrainor.com