Mediation — Rules and Procedures
Mediation is a voluntary, confidential process that uses a neutral third party to help the participants reach a mutually acceptable resolution. By agreeing to mediate with Gillette Legal Services, PLLC d/b/a Gillette Mediation (“Gillette Mediation”), the parties agree to engage in good-faith negotiations with the goal of resolving their dispute. Neither Gillette Mediation nor any mediator affiliated with it has authority to impose a binding decision or force settlement.
The following Rules and Procedures apply to all mediations administered by Gillette Mediation:
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Initiating Mediation
Any party may initiate mediation by contacting Gillette Mediation by phone, email, or through the online scheduling process. Gillette Mediation will then confirm interest and participation with all involved counsel or parties, even if all sides have already agreed to mediate.
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Appointment of Mediator
No individual may serve as mediator in a matter in which they have a financial or personal interest in the outcome. Before accepting an appointment, the mediator will conduct a conflicts review and disclose any circumstances that could reasonably create an appearance of bias or partiality.
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Scheduling
After the mediation is confirmed, Gillette Mediation will coordinate with the parties to set the date, time, and format (in-person or virtual) of the mediation. For court-ordered mediations or referrals with specific deadlines, Gillette Mediation may provide available dates and/or available mediators to meet those requirements.
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Good-Faith Participation
By agreeing to mediate, all participants commit to engage in good-faith efforts to resolve the dispute. The parties may mutually agree to modify these Rules, provided any modification is communicated to Gillette Mediation in advance.
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Conduct of Mediation
All parties with settlement authority are expected to attend the mediation session, either in person or virtually. Each side should be prepared to discuss the facts, law, risk, and possible resolution paths.
The mediator may hold private sessions (“caucuses”) with each side to allow candid discussion and explore settlement options. Counsel are encouraged to submit brief written statements or relevant materials in advance of the mediation to assist the mediator’s preparation.
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Confidentiality and Privilege
Mediation is a confidential settlement process. All statements, offers, demands, and communications — oral or written — made during mediation are treated as confidential and are inadmissible in any court or arbitration to the fullest extent permitted by applicable law.
The parties agree not to subpoena or otherwise attempt to compel the mediator or Gillette Mediation personnel to testify, or to produce notes, records, or work product, in any later proceeding. No audio, video, or stenographic recording of the mediation will be made.
Information shared privately with the mediator in caucus will remain confidential unless the disclosing party authorizes it to be shared.
A written settlement agreement reached at mediation may be admissible for purposes of enforcement, unless the parties agree otherwise. Evidence that is independently admissible or discoverable does not become inadmissible or undiscoverable solely because it was discussed in mediation.
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Discovery
If a party believes additional information or limited discovery is necessary to make mediation productive, the parties should attempt to agree on scope and timing before the mediation session. If they cannot agree, the issue may be presented to the mediator for a non-binding recommendation.
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Role of the Mediator
All parties acknowledge and agree that:
- The mediator is not acting as legal counsel or representative for any party.
- The mediator does not have a duty to assert, analyze, or protect any party’s legal rights, claims, defenses, deadlines, lien rights, or statutes of limitation.
- The mediator will not provide legal or expert advice, conduct independent factual or expert analysis, raise issues not raised by the parties, or determine that additional parties should be joined.
- Neither Gillette Mediation nor the mediator guarantees that the mediation will result in settlement.
Parties are encouraged to seek legal advice at any stage of the process and before signing any settlement agreement.
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Termination of Mediation
Mediation ends when any of the following occurs:
- The parties execute a written settlement agreement;
- The mediator determines that continued efforts are unlikely to be productive and declares the mediation concluded; or
- Any party states that it wishes to end the mediation.
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Fees and Billing
Gillette Mediation charges fees in accordance with its published Fee Schedule. A signed fee agreement must be on file before the mediation begins. Fees are due upon request as a pre-hearing deposit or within forty-five (45) days of invoice, unless otherwise agreed in writing.
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Responsibility for Fees
Consistent with professional custom, counsel of record are responsible for timely payment of mediation fees incurred on behalf of their clients. Mediation services are not provided on a contingent basis. Financial responsibility for fees does not depend on whether the case settles.
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Administrative Authority
Gillette Mediation reserves discretion to address administrative issues not specifically covered by these Rules and to take reasonable steps it deems necessary to facilitate the mediation process.
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Limitation of Liability
Gillette Mediation, its mediators, and its administrators are entitled to qualified good-faith immunity from claims arising out of their participation in the mediation process. Neither Gillette Mediation nor its mediators are necessary parties to any action seeking to enforce a settlement agreement reached in mediation.
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Amendment of Rules
Gillette Mediation may amend or update these Rules and Procedures at any time without prior notice. Unless the parties agree otherwise in writing, the version in effect at the time the mediation is scheduled will apply.