Mediation Between Arbitration Forums Members

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

The Mediation Agreement between Private Parties serves as a formal document outlining the terms of mediation between two parties, referred to as the First Party and Second Party, and a neutral Mediator. This agreement establishes essential components such as the Mediator's role, emphasizing their neutrality and the absence of legal advice, urging each party to seek their own legal counsel. Confidentiality is a crucial feature, ensuring that discussions and disclosures during mediation remain private, which is vital for fostering open communication. The form also outlines the necessity for full disclosure of all relevant information to ensure an effective mediation process, while allowing parties the flexibility to withdraw if needed. Upon reaching an agreement, a Memorandum of Understanding will be prepared, which parties should review with their attorneys before finalization. Shared costs for mediation are also addressed, along with the possibility of additional rules being negotiated. This agreement is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in dispute resolution, providing a structured approach to amicably settle conflicts outside of court.
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FAQ

(AF) Rule 5-2, award payments must be made payable only to the recovering signatory company. Intercompany arbitration resolves disputes between the signatory companies. These are the only parties at interest.

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.

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.

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.

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Mediation Between Arbitration Forums Members