| HUGHES & LEISSNER PLLC CO-MEDIATION PARENTING COORDINATION COLLABORATIVE LAW |
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713 641 9282 FAX
HOUSTON, TEXAS 77207 |
HughesLeissner@aol.com
| MEDIATION AND PARENTING COORDINATION ETHICAL GUIDELINES |
Definition of Mediation Mediation is a process where an impartial person, the mediator, facilitates communication to promote reconciliation, settlement or understanding. The mediator may suggest ways to resolve the dispute but will not impose their judgment. Agreement of Parties When participants agree to mediation they agree to follow these guidelines. Consent to Mediator The participants consent to the mediator appointed or retained in their case. The mediator acts as an advocate for resolution and uses their best efforts to help participants reach an acceptable settlement. Conditions Precedent to Serving as Mediator The mediator may serve in cases where the participants are pro se or represented by counsel. The mediator will not serve in any dispute where the mediator has a financial or personal interest in the result of the mediation. Before accepting an appointment, the mediator will disclose any circumstance likely to create a presumption of bias or prevent a prompt meeting with the participants. If the participants disagree about whether the mediator serves, the mediator will NOT serve. Authority of Mediator The mediator does not have authority to decide any issue for the participants and will attempt to facilitate voluntary resolution of the dispute. The mediator is authorized to conduct joint and separate meetings with participants and offer suggestions to help the participants reach agreement. When appropriate, the mediator may suggest the parties obtain expert advice concerning technical aspects of the dispute, if the participants agree and assume the expenses of obtaining the advice. Arrangements for obtaining such advice shall be made by the mediator or by participants. Commitment to Participate in Good Faith No one is asked to commit to settle the case in advance of mediation. All participants commit to participate in the process in good faith with the intention to settle if at all possible. Parties Responsible for Negotiating Their Own Settlement Participants understand the mediator will not and cannot impose a settlement and agree they are responsible for negotiating an acceptable agreement. The mediator, as an advocate for settlement, will use every effort to facilitate the negotiations of the participants. The mediator does not warrant or represent that settlement will result from mediation. Authority to Settle PARTIES MUST HAVE AUTHORITY TO SETTLE, AND ALL PERSONS NECESSARY TO THE DECISION TO SETTLE SHALL BE PRESENT. Time and Place of Mediation The mediator will work with participants and counsel to set the date, time and location of each mediation session. Mediation may be held at the courthouse in the jurisdiction where the case is filed or at any other convenient location agreeable to the mediator and the participants. Identification of Matters in Dispute Before each mediation session, participants and counsel can provide information to the mediator, describing the issues that need to be resolved. At or before the first session, participants and counsel can provide information to help the mediator understand the issues and dispute. The mediator may request any party to supplement the information. Privacy Mediation sessions are private. Unless otherwise agreed, participants and counsel will attend mediation sessions. Other persons may attend with the recommendation and consensus of the parties. Confidentiality Confidential information disclosed to a mediator by participants or counsel will not be disclosed by the mediator. It should be noted that in certain instances, applicable law may require disclosure of information revealed in mediation. For example, section 261.101 of the Texas Family Code may require disclosure of abuse or neglect of children, elderly or disabled to the appropriate authorities. The mediator will advise the parties of any information revealed during mediation that requires disclosure. All records, reports or other documents received by a mediator will be confidential. The mediator will not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding or judicial forum. Any party who violates this agreement shall pay all fees and expenses of the mediator and other parties, including reasonable attorney's fees, incurred in opposing the efforts to compel testimony or records from the mediator. The parties will maintain the confidentiality of the mediation and will not rely on or introduce as evidence in any arbitration, judicial, or other proceeding
(b) admissions made by another party in the course of the mediation proceedings; (c) proposals made or views expressed by the mediator; or (d) the fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator. No Record of Session There will be no electronic or stenographic record of any session. No Service of Process at or near the Site of the Mediation Session No subpoenas, summons, complaints, citations, writs, orders or other process may be served at or near the site of any mediation session on any person entering, attending, or leaving the session. Multiple Sessions / Termination of Mediation Mediation is completed:
(b) completion of all initial and subsequent mediation sessions to gather or exchange information, or accomplish tasks before the next mediation session convenes; or (c) consensus by the parties and mediator that all efforts to narrow or resolve the issues have been exhausted. Exclusion of Liability The mediator is not a necessary or proper party in judicial proceedings relating to the mediation. Neither the mediator nor any law firm employing the mediator will be liable to any party for any act or omission in connection with any mediation conducted under these rules. Interpretation and Application of Rules The mediator shall interpret and apply these rules. Fees and Expenses The mediator's fee will be agreed on before mediation. The expenses of witnesses for either side will be paid by the party producing the witnesses. All other expenses of mediation, including fees and expenses of the mediator and the expenses of any witness and the cost of any proofs or expert advice produced at the direct request of the mediator, will be borne equally by the parties unless they agree otherwise. |