- How to Request Mediation. Any party to a dispute may initiate
mediation by filing with the Corporate Partnering Institute (herein
referred to as "CPI" and as "Administrator") a request for mediation
pursuant to these Mediation Rules. Such a request should contain a
brief statement of the nature of the dispute as well as (to the extent
available) the then current names, addresses and telephone numbers
of all parties to the dispute.
- Either Party Can Elect to Terminate the Mediation Proceedings.
If any party determines that further efforts at mediation will not
contribute to a resolution of the dispute, that party may terminate
the mediation proceedings upon thirty days written notice to the other
parties and the mediator. Such notice must contain an explanation
of what such party believes to be the respective positions of the
parties and why the differences between these positions are unlikely
to be resolved through mediation. The mediator may, at its discretion,
extend the mediation proceedings up to an additional forty five days
beyond the said thirty day period.
- Role of the Mediator. The mediator does not have authority
to impose a settlement on the parties but will attempt to help them
reach a mutually acceptable resolution of their dispute. While the
mediator may propose a settlement to the parties of a dispute under
mediation, the parties shall not be bound by any settlement unless
and until they agree to it on their own
- Appointment of Mediator. Upon receipt of a request for mediation,
the Administrator will appoint the "mediator". The Administrator shall
have the right, at its discretion, to remove any mediator as well
as appoint replacement or supplemental mediators.
- Confidentiality of Mediation. 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: (a) views
expressed or suggestions made by another party with respect to a possible
settlement of the dispute; (b) admissions made by another party in
the course of any mediation proceedings or related discussions; (c)
comments or proposals made by, or views expressed by, the mediator
or any other CPI Mediation Personnel; or (d) the fact that another
party had or had not indicated willingness to accept a proposal for
settlement made by the mediator. In no event shall the mediator or
any other CPI Mediation Personnel be compelled to divulge any information
disclosed during mediation proceedings or discussions or to testify
in regard to the mediation in any arbitral, judicial, or other proceeding
or forum.
- The Mediation Proceedings. The Mediator shall have the right,
authority and discretion to: (a) determine the dates, times and places
of the mediation sessions; (b) determine the agenda, process and procedures
to be followed prior to, during, and following each mediation session;
(c) determine the processes for presenting witnesses and evidence
and memoranda and whether or not a mediation session will be conducted
face to face or by telephone conference; (d) obtain expert advice
concerning technical aspects of the dispute; (e) determine the language
in which the mediation is to be conducted and whether or not recordings
or stenographic records of the proceedings will be made; and (f) end
the mediation proceedings if the mediator determines that further
efforts at mediation will not contribute to a resolution of the dispute.
- Exclusion of Liability. Neither the Administrator nor any
mediator (a) shall be liable to any party for any CPI Mediation Activities,
or (b) is or shall be a necessary party in judicial proceedings relating
to the mediation.
- Fees and Expenses. The parties shall compensate the Administrator
pursuant to then current Corporate Partnering Institute Mediation
Fee Schedule, which Mediation Fee Schedule, as amended from time to
time by the Administrator, shall be deemed a part of these Mediation
Rules. The parties shall be jointly and severally liable for all CPI
Mediation Fees and Expenses as set out in the above said Mediation
Fee Schedule. As between the parties, unless they have expressly agreed
to the contrary, they will be deemed to have agreed amongst themselves
to share the CPI Mediation Fees and Expenses equally. Where the parties
have attempted mediation under these Mediation Rules but have failed
to reach settlement, and they elect to proceed under the Corporate
Partnering Institute's Rules of Procedure for Arbitration, the Administrator
will apply the unapplied balance of such deposits, if any, toward
subsequent arbitration under the said Rules of Procedure for Arbitration.
- Miscellaneous.
(a) References
to These Rules by Name. These Mediation Rules may be referred
to as or cited in agreements and other documents as: (i) the CPI Rules
for Mediation of Business Disputes, (ii) the Corporate Partnering
Institute's Rules of Procedure for Non-Binding Mediation, (iii) the
Corporate Partnering Institute Rules of Procedure for Non-Binding
Mediation, (iv) the CPI Rules of Procedure for Non-Binding Mediation,
(v) the Corporate Partnering Institute's Rules of Procedure for Mediation,
(vi) the Corporate Partnering Institute Rules of Procedure for Mediation,
(vii) the CPI Rules of Procedure for Mediation, (viii) the Corporate
Partnering Institute's Rules of Mediation, (ix) the Corporate Partnering
Institute Rules of Mediation, (x) the CPI Rules of Mediation, (xi)
the Corporate Partnering Institute's Rules of Procedure for Business
Mediation, (xii) the Corporate Partnering Institute Rules of Procedure
for Business Mediation, (xiii) the CPI Rules of Procedure for Business
Mediation, (xvi) the Corporate Partnering Institute's Rules for Business
Mediation, (xv) the Corporate Partnering Institute Rules for Business
Mediation, (xvi) the CPI Rules for Business Mediation, (xvii) the
Corporate Partnering Institute's Rules of Procedure for Partnering
Mediation, (xviii) the Corporate Partnering Institute Rules of Procedure
for Partnering Mediation, (xix) the CPI Rules of Procedure for Partnering
Mediation, (xx) the Corporate Partnering Institute's Rules for Partnering
Mediation, (xxi) the Corporate Partnering Institute Rules for Partnering
Mediation, or (xxii) the CPI Rules for Partnering Mediation.
(b) Application
of Rules. Whenever, by stipulation or in a contract, parties have
provided for mediation or conciliation of existing or future disputes
under the auspices of, or by, the Administrator or under these Mediation
Rules, they shall be deemed to have made these Mediation Rules, as
amended by the Administrator and in effect as of the date of the submission
of the dispute, a part of their agreement and thereby have agreed
to these Mediation Rules.
(c) Partial
Invalidity. If any part of these Mediation Rules, or the application
thereof, is for any reason held or otherwise found invalid or unenforceable,
it shall be deemed severable and the validity of the remainder of
this agreement or the applications of such provisions to other persons,
entities or circumstances shall not be affected thereby.
(d) Interpretation
of Rules. The Administrator shall have the sole and exclusive
right to interpret these Mediation Rules in the event of any dispute
as to their meaning.
(e) Discretion.
For purposes of these Mediation Rules, the term "discretion" shall
mean discretion that is not directly or indirectly restricted or otherwise
fettered except by these Mediation Rules.
(f) Captions
and Headings. All captions and headings contained herein are for
convenience and reference purposes only and shall not be deemed apart
of these Mediation Rules.
(g) Gender
and Number. All nouns, pronouns and any variations thereof in
these Mediation Rules shall be deemed to refer to the masculine, feminine,
neuter, singular and plural as the context may permit or require.
(h) CPI
Mediation Personnel. For purposes of these Mediation Rules, "CPI
Mediation Personnel" shall include all of the Corporate Partnering
Institute's personnel, including by way of example and not limitation,
(i) any owner, director or principal of the Corporate Partnering Institute,
(ii) any person providing mediation services under the Mediation Rules,
(iii) any lawyer representing the Corporate Partnering Institute,
and (iv) any employee or subcontractor of the Corporate Partnering
Institute engaging in Mediation Activities.
(i) Mediation
Activities. For purposes of these Mediation Rules, "CPI Mediation
Activities" shall mean any act, omission or activity relating directly
or indirectly to (1) these Rules, or (2) any matter or dispute submitted
to mediation under these Mediation Rules.
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