Mediation Between Arbitration Forums

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Multi-State
Control #:
US-02296BG
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Word; 
PDF; 
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Description

The Mediation Agreement between Private Parties is a legal document that facilitates mediation between two parties in dispute, guided by a neutral mediator. This form outlines key features such as confidentiality, neutrality of the mediator, and the importance of full disclosure from both parties. It specifies that the mediator does not provide legal advice and encourages parties to seek counsel independently. In cases where mediation fails, a party may withdraw at any point, and the mediator can terminate the process if no resolution seems possible. A Memorandum of Understanding will be prepared upon reaching an agreement and should be reviewed by each party's attorney. Lastly, the agreement emphasizes the sharing of mediation costs and allows additional rules to be negotiated. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in dispute resolution, providing them with a structured framework to guide negotiations effectively while protecting their clients' interests.
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FAQ

The most common combination of mediation and arbitration is med-arb, in which the parties attempt to resolve their dispute using mediation and proceed to arbitration only if they are not successful in reaching a settlement. Commentators praise this combination as offering the parties flexibility and efficiency.

Unless the decision is eligible for Appeal under Rule 2-12 in the Property or Special forums, only a clerical or jurisdictional error can be reviewed. Any other issue, such as interpretation of law or evidence, is within the discretion of the arbitrator and may NOT be reviewed, amended or voided.

Some contracts state that the parties must ?mediate? a dispute before ?litigation? or ?arbitration.? Through mediation, the parties attempt to resolve their dispute with the assistance of a mediator. The mediator is not a decision-maker. Rather, the mediator assists the parties through facilitating a negotiation.

In a mediation process, a neutral, trained mediator works to help disputants come to a consensus on their own. In arbitration, a neutral, trained arbitrator serves as a judge who is responsible for resolving the dispute.

Arbitration Forums, Inc. is a not-for-profit organization that handles disputes amongst its nearly five thousand members. These members agree to have specially appointed arbitrators hear their cases in lieu of taking the dispute to a court of law.

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Mediation Between Arbitration Forums