Selecting the Mediator. The mediation shall be commenced by a party sending a written request for mediation to the other party(ies) (the "Mediation Request"). Unless the parties agree otherwise, the mediator shall be selected from the CPR Panels of Distinguished Neutrals. If the parties cannot agree promptly (and in any event within 15 days of the Mediation Request) on a mediator, they will notify CPR of their need for assistance in selecting a mediator. The parties should inform CPR of any preferences as to matters such as candidates' mediation style, subject matter expertise (technical or juridical) and geographic location. CPR will submit to the parties the names of not less than three candidates, with their resumes and hourly rates. If the parties are unable to agree on a candidate from the list within 7 days following receipt of the list, each party will, within 15 days following receipt of the list, send to CPR the list of candidates ranked in descending order of preference. The candidate with the lowest combined score will be appointed as the mediator by CPR. CPR will break any tie. Before proposing any mediator candidate, CPR will request the candidate to disclose any circumstances known to him or her that would cause reasonable doubt regarding the candidate's impartiality. If a clear conflict is disclosed, the individual will not be proposed. Other circumstances a candidate discloses to CPR and which do not prevent that candidate to be put forward will be disclosed to the parties. A party may challenge a mediator candidate if it knows of any circumstances giving rise to reasonable doubt regarding the candidate's impartiality. The mediator's rate of compensation will be determined before appointment. Such compensation, and any other costs of the process, will be shared equally by the parties unless they otherwise agree. If a party withdraws from a multiparty mediation but the procedure continues, the withdrawing party will not be responsible for any costs incurred after it has notified the mediator and the other parties of its withdrawal. Before appointment, the mediator will assure the parties of his or her availability to conduct the proceeding expeditiously. It is strongly advised that the parties and the mediator enter into a mediation agreement to address, among other things, the following matters:
Selecting the Mediator. Once the parties have agreed in principle to a mediation process, or at least to seriously consider mediation, they will discuss the selection of a mediator. Any party may suggest one or more candidates, or they may request a neutral organization, such as CPR, to propose candidates. The mediator must be selected by agreement of all parties. Any candidate for the role of mediator shall promptly disclose to the parties any circumstances known to him or her which would cause reasonable doubt regarding the candidate's impartiality. Each party shall promptly disclose any such circumstances to the other party or parties. These disclosure obligations shall be continuing until the mediation is concluded. If any such circumstances have been disclosed, before or after the individual's appointment as mediator, the individual shall not serve, unless all parties agree. The mediator's compensation rate will be determined before appointment. Such compensation, and any other costs of the process, will be shared equally by the parties, unless they otherwise agree. If a party withdraws but the procedure continues, the withdrawing party will not be responsible for any costs incurred after its withdrawal. Before appointment the mediator will assure the parties of his or her availability to conduct the proceeding expeditiously.
