MEDIATION PROTOCOL

SCHEDULING MEDIATION

If all parties have already agreed to mediate, simply call IMG's La Jolla office to discuss preferred dates and locations. If you wish IMG's assistance in obtaining the agreement of others to mediate, call or send to us the name, address and telephone number of the attorney or other representative of each party whose participation is necessary for a comprehensive resolution.

Request for Mediation


PRIOR TO THE MEDIATION

The following issues should be addressed:

  1. Parties: Parties should be represented at the mediation by their attorneys and financial advisers for productive negotiations to occur.
  2. Participants on behalf of each party: Success of the mediation process is accelerated when the appropriate "decision-makers" are in attendance. Therefore it is essential that everyone whose decision is necessary for settlement participate. Personal attendance is strongly preferred, although telephone participation can be accommodated. Information should be exchanged in advance of the mediation session to assist all parties in making realistic settlement decisions during the mediation.
  3. Mediation Statements:Statements should not exceed ten typed pages (exclusive of exhibits) and should be received by the Mediator(s) at least fourteen days in advance of the mediation. The parties are encouraged, but not required to disclose this information to each other at the same time they provide the information to the Mediator(s). IMG recognizes the confidentiality of certain information, particularly in a mediation setting, and recommends the parties make the determination as to the appropriate information to disclose. IMG uses a co-mediation model where appropriate. Therefore any reference to the term "mediator" throughout this document implies the possibility of two mediators.

AT THE MEDIATION

  1. Confidentiality Attached is a copy of the Confidentiality Agreement, which will be signed by all parties at the start of the mediation session.
  2. Joint Session. Generally the mediation will begin with a joint session attended by all participants. The mediator might meet with the parties or their counsel privately before the joint session to discuss the process and any special concerns you might have. Please come prepared to summarize your position during the joint session. You may utilize whatever presentation you believe most effective, including charts, audio-visual, and oral presentations by counsel and principals. Bear in mind that the goal is not to prove a case but to clarify your views for decision makers among the other parties while educating the mediator.
  3. Private Caucus Sessions. Private confidential caucuses between the mediator and each party follow the joint session. In caucus, you can discuss information which may assist in working toward a resolution, but which you would prefer not to disclose in direct negotiations. The mediator will explore your views, interests and assumptions and play devil's advocate to help all parties gain the most balanced possible evaluation of the matter. Finally, the caucuses provide an opportunity to assess realistic options for resolution, without endangering any party's negotiating posture.
  4. Agreement. Caucusing will generally continue until an option has been developed which all sides feel is acceptable. At that point, the mediator will summarize the terms of the settlement agreement. You may then wish to draft and execute a memorandum stating the terms. It is always preferable to memorialize any settlement agreement at the mediation even if lengthy legal documents must be drafted to complete the settlement.
  5. Record of Hearing. No record or transcript will be made of the Hearing without the prior written consent of all parties.
  6. Hold Harmless The Parties will hold harmless IMG, its officers, employees and directors, as well as the Mediator(s) for any acts of the Mediator(s) or the outcome thereof and will indemnify the Mediator(s) for any cost involved in any such claims.

FOLLOW-UP
If a resolution is not reached in the initial mediation session, the parties may elect to authorize follow-up. This can consist of telephone caucusing, further investigation or information exchange among the parties, and/or an additional mediation session.



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