Mediation is fundamentally an assisted settlement negotiation. The proceedings are private and confidential. Communications to the mediator are also confidential unless permission to disclose is expressly given by the parties. As mediator, Laura J. Coe will facilitate settlement negotiations between the parties, but will not impose a settlement upon anyone and will not act as an advocate for any party.
Confidential Mediation Statement
In order to expedite the mediation, no later than three (3) days prior to mediation, please email, fax, or hand deliver a statement containing the following information about the case:
- The basis of your client’s claims and/or defenses
- The nature and amount of damages of other relief being sought
- The nature and amount of liens or claims being asserted by third parties
- The amount of available insurance
- Whether or not there are any authority or coverage problems
- The status of prior settlement negotiations
- The names, and status with respect to the lawsuit, of those persons who will attend the mediation on behalf of your client
Please include any excerpts from documents or depositions which you feel support your client’s view of the case. This statement will not be shown to any other person.
Notification to the Court of Mediation Result
Unless you request otherwise, at the conclusion of the mediation, we will notify the Court that the case settled, did not settle, or that we are continuing to work towards resolution.
Conditions Precedent to Serving as Mediator
Ms. Coe shall not serve as a mediator in any dispute in which she and/or her firm has any financial or personal interest in the result of the mediation. Prior to accepting an appointment, Ms. Coe shall disclose any circumstances likely to create a presumption of bias or prevent a prompt meeting with the parties.
Authority of a Mediator
Ms. Coe does not have the authority to decide any issues for the parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. Ms. Coe is authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties achieve settlement. The parties understand that Ms. Coe will not and cannot impose a settlement in their case. Ms. Coe, as an advocate for settlement, will use every effort to facilitate the negotiations of the parties. Ms. Coe does not warrant or represent that settlement will result from the mediation process.
Authority of Representatives
Party representatives must have authority to settle and all persons necessary to the decision to settle must be present. The names and addresses of such persons shall be communicated in writing to Ms. Coe. If a party is represented by an attorney, the participation of both the attorney and the client is essential to mediation. All natural persons who are parties must be present for the entire process. Any party who is not a natural person must be present through an officer or other representative (not including counsel) who has authority and discretion to meaningfully negotiate a settlement. If a non-party insurance company has control over settlement within policy limits for an insured party, the insurance company should also be present through a
representative with authority and discretion to negotiate a settlement up to policy limits.
Privacy
Mediation sessions are private. The parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the parties and with the consent of Ms. Coe.
Mediator’s Responsibility for Confidentiality
Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shall not be divulged by Ms. Coe. All records, reports, or other documents received by Ms. Coe while serving in the capacity shall be confidential. Ms. Coe shall not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding or judicial forum. Any party that violates this order shall pay all reasonable fees and expenses of Ms. Coe and other parties, including reasonable attorney’s fees, incurred in opposing the efforts to compel testimony or records from Ms. Coe.
Parties Responsibility for Confidentiality
The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial, or other proceeding, the details of negotiations occurring at the mediation.
No Stenographic Record
There shall be no stenographic record of the mediation process and no person shall audio or video record any portion of them mediation.
No Service or Process at or Near the Site of Mediation Session
No subpoenas, summons, complaints, citations, writs, or other process may be served upon any person at or near the site of any mediation session upon any person entering, attending, or leaving the session.
Termination of Mediation
The mediation shall be terminated: a) by the execution of a settlement agreement by the parties; or b) by the declaration of an impasse by Ms. Coe.
Interpretation and Application of Rules
Ms. Coe shall interpret and apply these rules.