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1. Overview.
When you call or e-mail
Aspen Dispute Resolution to schedule a mediation,
arbitration, settlement conference, or other
resolution procedure, our Administrator will ask you a few
essential questions, described in paragraph 2
below. After the initial interview, it is
likely that certain steps will occur, as
described in paragraphs 3-5 below. You may
print
this page to use to record the information
requested in the initial interview and to keep
track of the process. At any time, our
Administrator will be happy to answer your
questions.
2. Initial
Interview. In the initial interview,
our Administrator will ask:
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for a brief description of
the nature of the dispute (e.g., custody,
employer/employee, community, government).
-
for information about the
parties to the dispute: names, contact
information (e.g., telephone numbers, fax
numbers, e-mail addresses).
-
for information about
attorneys (if any): names, contact information.
-
for information about court
actions (if any): court and case number, type of
action, pending motions, deadlines, etc.
-
for a summary of the issues
that will be mediated.
-
for a brief description of
the background and history of the dispute.
-
whether all parties have or
have not agreed to mediate the dispute.
-
whether any party has a
preference as to the mediator assigned to the
case.
-
whether any party has
experience with mediation in other contexts.
-
whether there is a need for
accommodations (wheelchairs, special lighting,
teleconferencing, etc.) during the process.
3. Convening
Activities. During or soon after the initial
interview, our administrator will:
-
establish a plan for
subsequent contacts.
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identify the Aspen Dispute
Resolution professional(s) who will handle your
dispute.
-
discuss and explain the
procedures and policies of Aspen Dispute Resolution.
-
discuss and explain the
documents we use to facilitate the process,
including, for example, an agreement to engage
in the dispute resolution process
and an authorization to release information and
records (if appropriate).
-
discuss and explain our
policies regarding neutrality, confidentiality,
joint and separate meetings, submission of
documentation and information, and financial
arrangements (fees, costs, billings,
cancellations), all of which are set forth in
the engagement agreement and summarized in
paragraph 5 below.
4. The Resolution
Process.
Once underway, the Aspen Dispute Resolution neutral will have
the opportunity to schedule sessions on
timetables and at locations designed to insure
the comfort, confidence, and convenience of all
parties. After thorough advance
preparation, and aided by private caucuses with
individual parties as warranted, the neutral
insures the civility and continuity of the
sessions required for resolution of the conflict
and its documentation. An adversarial conflict
situation will be transformed into a cooperative
mutual problem-solving venture.
5.
Important Policies. At Aspen Dispute Resolution, we adhere
to a few important policies. They have been
established for good reason, but if you have
questions or comments about any of them, do talk
to our Administrator. You will notice that
the policies printed below are worded to apply
to a mediation. All of these policies,
however, apply to our full panoply of
Alternative Dispute Resolution Services
(mediation, arbitration, settlement conferences,
mini-trials, and neutral evaluations).
Neutrality: The
mediator will act as a neutral and mutual
facilitator to assist the parties in reaching
their own settlement and will not provide
legal representation, advice, or counsel of any
kind to either of the parties. The parties
either have attorneys of their own or have
decided to proceed without attorneys.
Confidentiality:
Full disclosure of all relevant information is
required to optimize the success of the
mediation.
The mediation proceedings are regarded as
confidential settlement negotiations, and, as a
general rule, admissions, representations, and
statements made in mediation will not be subject
to discovery or admissible as evidence in
subsequent legal proceedings. In addition,
the mediator will not be subject to subpoena or
other legal process requiring the disclosure of
any matter discussed or any document produced
during the mediation proceedings.
Voluntary Process:
Mediation is a voluntary process, and while
every effort will be made to accomplish a
settlement agreement, one or both of the parties
may withdraw from mediation at any time.
Meetings and
Communications: The mediator may
communicate or meet with the parties or their
representatives separately or jointly, at or
between scheduled mediation sessions, in person,
by telephone, or by e-mail. Mediation
sessions will be scheduled in consultation with
all parties and their representatives.
Submission of Information
and Documentation: Prior to the mediation
session, a party is welcome to submit to the
mediator any documents that the party would like
the mediator to review in advance, including
agreements, court pleadings, a personal
statement, or a confidential memorandum. A
confidential memorandum will not be shared with
the other party unless the submitting party
consents.
Preparing a Memorandum of
Understanding: If an agreement is reached
as to one, several, or all issues, the mediator
will prepare a Memorandum of Understanding to be
reviewed and approved by the parties. The
parties will be advised that this Memorandum
should be reviewed with their individual
attorneys, accountants, or other advisors.
Fees and Costs: Our
fees usually are per hour for mediation
services, plus actual costs and expenses for
travel, long distance telephone, photocopies,
and other expenses incurred. Fees and
costs will be split equally between the parties,
unless otherwise agreed in writing, or in
circumstances where the fees or costs are
considered legitimately to be the sole
responsibility of one party.
Deposit: When
mediation services are scheduled, we collect a
nonrefundable administration fee of $100, plus
an appropriate deposit against estimated services.
Payment and Billing:
We collect payment as services are rendered,
either by a credit card authorization or by
check. We will provide each party with an
itemized statement for all services and expenses
at the conclusion of the mediation. A fee will
be charged for cancellation of a scheduled
mediation on unduly short notice.
Questions: At any
time, our Administrator will be happy to answer
your questions about our policies and
processes.
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