Common use of Authority of Mediator Clause in Contracts

Authority of Mediator. The Mediator does not have the authority to decide any issue for the parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. The Mediator is authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties achieve settlement. The Mediator is authorized to adjourn or recess the Mediation or declare an impasse. Disclosures and Conflicts. I will disclose to you all relationships with the parties, their counsel, and any principals, witnesses, experts, consultants, insurers, etc. you identify for me. If there is any relationship that precludes me from serving in an impartial and neutral manner, I will decline the assignment. If any of the disclosures raise questions that are not answered to your satisfaction, please let me know and I will withdraw. When you consider the business dealings between my firm and many construction companies, insurance companies, bar and trade association activities, and prior legal and dispute resolution engagements, it is rare that I have not had dealings with some or all of the counsel, experts, insurance carriers or parties in major construction disputes. It is my hope that those dealings will not always be viewed as a disqualifying factor. Persons in Attendance. All parties or their representatives must attend in person and be fully capable of making decisions, with the exception of mediations conducted via Zoom. I highly encourage adjusters, if applicable, to attend in person, with the exception of mediations conducted via Zoom. No Guns or Weapons. Notwithstanding “open carry” and “concealed weapon” laws, no guns or weapons are permitted at the mediation. This is not a comment on the second amendment or an attempted infringement on anyone’s constitutional rights. Rather, it is a matter of self-preservation since everyone gets mad at the mediator at some point. No Service of Process at or near the site of the Mediation Session. No subpoenas, summons, complaints, citations, writs, or other process may be served upon any person at or near the site of any mediation session upon any person entering, attending, or leaving the session. No Stenographic Record. There shall be no stenographic record of the mediation process and no person shall tape record any portion of the mediation session. Mediator is Neither Practicing Law nor Representing any Party. The Mediator does not represent any party in the dispute and any suggestions or drafting of initial settlement agreements or memoranda of understanding by the Mediator does not constitute legal advice or the practice of law.

Authority of Mediator. The Mediator does not have the authority to decide any issue for the parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. The Mediator is authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties achieve settlement. The Mediator is authorized to adjourn or recess the Mediation or declare an impasse. Disclosures and Conflicts. I will disclose to you all relationships with the parties, their counsel, and any principals, witnesses, experts, consultants, insurers, etc. you identify for me. If there is any relationship that precludes me from serving in an impartial and neutral manner, I will decline the assignment. If any of the disclosures raise questions that are not answered to your satisfaction, please let me know and I will withdraw. When you consider the business dealings between my firm and many construction companies, insurance companies, bar and trade association activities, and prior legal and dispute resolution engagements, it is rare that I have not had dealings with some or all of the counsel, experts, insurance carriers or parties in major construction disputes. It is my hope that those dealings will not always be viewed as a disqualifying factor. Persons in Attendance. All parties or their representatives must attend in person and be fully capable of making decisions, with the exception of mediations conducted via Zoom. I highly encourage adjusters, if applicable, to attend in person, with the exception of mediations conducted via Zoom. No Guns or Weapons. Notwithstanding “open carry” and “concealed weapon” laws, no guns or weapons are permitted at the mediation. This is not a comment on the second amendment or an attempted infringement on anyone’s constitutional rights. Rather, it is a matter of self-preservation since everyone gets mad at the mediator at some point. No Service of Process at or near the site of the Mediation Session. No subpoenas, summons, complaints, citations, writs, or other process may be served upon any person at or near the site of any mediation session upon any person entering, attending, or leaving the session. No Stenographic Record. There shall be no stenographic record of the mediation process and no person shall tape record any portion of the mediation session. Mediator is Neither Practicing Law nor Representing any Party. The Mediator does not represent any party in the dispute and any suggestions or drafting of initial settlement agreements or memoranda of understanding by the Mediator does not constitute legal advice or the practice of law.

Authority of Mediator. The Mediator does not have the authority to decide any issue for the parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. The Mediator is authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties achieve settlement. The Mediator is authorized to adjourn or recess the Mediation or declare an impasse. Disclosures and Conflicts. I will disclose to you all relationships with the parties, their counsel, and any principals, witnesses, experts, consultants, insurers, etc. you identify for me. If there is any relationship that precludes me from serving in an impartial and neutral manner, I will decline the assignment. If any of the disclosures raise questions that are not answered to your satisfaction, please let me know and I will withdraw. When you consider the business dealings between my firm and many construction companies, insurance companies, bar and trade association activities, and prior legal and dispute resolution engagements, it is rare that I have not had dealings with some or all of the counsel, experts, insurance carriers or parties in major construction disputes. It is my hope that those dealings will not always be viewed as a disqualifying factor. Persons in Attendance. All parties or their representatives must attend in person and be fully capable of making decisions, with the exception of mediations conducted via Zoom. I highly encourage adjusters, if applicable, to attend in person, with the exception of mediations conducted via Zoom. No Guns or Weapons. Notwithstanding “open carry” and “concealed weapon” laws, no guns or weapons are permitted at the mediation. This is not a comment on the second amendment or an attempted infringement on anyone’s constitutional rights. Rather, it is a matter of self-preservation since everyone gets mad at the mediator at some point. No Service of Process at or near the site of the Mediation Session. No subpoenas, summons, complaints, citations, writs, or other process may be served upon any person at or near the site of any mediation session upon any person entering, attending, or leaving the session. No Stenographic Record. There shall be no stenographic record of the mediation process and no person shall tape record any portion of the mediation session. Mediator is Neither Practicing Law nor Representing any Party. The Mediator does not represent any party in the dispute and any suggestions or drafting of initial settlement agreements or memoranda of understanding by the Mediator does not constitute legal advice or the practice of law.