ALMA Mediators rules

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All our mediators and the process mediation made through our company are subject of some general rules. For a lasting and win-win mediation resolution all parties at the mediation process must agree with some common sense rules.

ALMA MEDIATORS – general rules of mediation

Confidentiality

All oral or written communications between parties in the mediation process are confidential, which means can not be disclosed in any way or can not be admissible as evidence in any judicial or arbitration proceeding, except the otherwise agreed by the parties or permitted by law.

In the confidentiality spirit, the mediator can not disclose any information of the mediation process and can not be witness of any of the party.

Any information disclosed to the mediator in a private caucus shall remain confidential to the other party unless the party agrees that it may be disclosed.

Voluntary process

While the mediator will make every effort to bring the other party at the mediation process and will assist parties in reaching a common solution at their dispute, the parties are under no obligation to resolve their dispute through mediation or to reach an mediation agreement, except the situation provided by law.

Either party or the mediator may decide to have the mediation process ended at any time with proper notice.

Demeanor during the mediation sessions

All sides in a dispute will be in person or represented at the mediation session. When the parties are represented, the representative must have the authority to negotiate and sign the mediation agreement. Any other person may attend at the mediation process with the parties and mediator common agrement.

The discussions during the mediation process may include reference to relevant documents or other persons. For this cases, the mediator may ask the parties for written materials or information in advance of the mediation session.

The Mediator does not garantee the mediation agreement as the result of the mediation process.

Good faith parties

Parties in the mediation process will communicate and negociate in good faith, with the purpose of reaching a mutually acceptable solution for ending the dispute.

All participants will conduct themselves within the bounds of common courtesy and honest endeavour otherwise the mediation session is meaningless and useless.

Mediator position

The mediator may conduct joint and separate meetings with the parties and does not have authority to impose an agreement.
Mediators may not give legal advice. The parties can be represented or assisted.

In some disputes, in any stage of the mediation process, an expert or lawyer opinion is necessary and the parties are encouraged to use them. The mediator can not provide the technical or legal advices but can contact experts or lawyers directly with the approval of the parties.

Payment and Fees

Mediators charge fees for its services which are set forth in the mediation contract, prior to the start of any mediation session borne equally by the parties unless they agree otherwise.

All other expenses of the mediation process, excluding fees of the mediator, will be charge separately.

The payment fee can not be related to the signing of the mediation agreement.

Sună Mesaj