Welcome to Mediation, Inc. In the furtherance of our goal of providing the best mediation and administration services to the attorneys and their clients, we are providing this information as suggested or required by various standards or rules for mediation promulgated by professional organizations or governing bodies. This information and mediation provisions of Florida Statutes and the rules of Civil Procedure and any applicable orders or stipulations govern the procedure of the mediation conference. Please review this document and if you have any questions or objections, confer with the mediator before the conference begins.

PROCEDURAL MATTERS

The proceedings in the mediation conference are confidential and privileged as settlement negotiations and are not admissible as evidence or subject to discovery. The mediator may not testify as to anything that goes on in the conference (except the obligation to report a felony) unless the mediator is subpoenaed to testify as to the existence, meaning or content of an agreement reached in the conference. If the parties agree to settle the case, the parties and attorneys shall reduce the essential terms of such agreement to writing and execute that document at the mediation conference. It is contemplated that the regular settlement documents will be prepared later by counsel and executed in the normal course of events. The memorandum agreement executed at the conference is intended to be a binding contract (subject to court approval, if required by law) containing the essential terms of the agreement and to serve as a guide in the preparation of the final documents.

The participants shall remain in the conference until the mediator declares an impasse or until the resulting agreement is finalized. The mediator will not unnecessarily prolong the conference. If any participant has comments about the question of impasse, he or she should discuss them privately with the mediator in caucus. Participants should not expect to be excused for scheduling conflicts unless their presence is waived by the other participants and the mediator consents to their exit. The parties are required to attend the mediation conference along with trial counsel. See Rule 1.720(b), F.R.C.P. which states '...a party is deemed to appear at a mediation conference if the following persons are physically present: (1) The party or its representative having full authority to settle without further consultation. (2) The party's counsel of record, if any. (3) A representative of the insurance carrier for any insured party who is not such carrier's outside counsel and who has full authority to settle up to the amount of the plaintiff's last demand or policy limits, whichever is less, without- further consultation.' There is no requirement for the case to be settled at the mediation conference. All un-represented parties are hereby urged to secure the services of an attorney before going through the mediation process.

DISCLOSURES

Mediation involves consent. The mediator has no power to impose a resolution of the case on anyone. This process does not prevent a party from having his or her day in court if they do not voluntarily settle the case. All decisions made by any participant in the conference are voluntary. This is NOT arbitration. The mediator will not coerce or unfairly influence any participant to agree to a settlement. The mediator does not give legal advice. All parties shall rely on their counsel for legal advice.

The mediator will disclose, prior to the beginning of the mediation conference or as soon as it becomes known to him or her, any knowledge, bias or prior business or personal relationship which might appear to bear on the mediator's neutrality or ability to effectively discharge the duties in the subject case. If the mediator is also practicing law, he or she will not provide legal services or legal representation to any mediation conference participant in the future. The mediator will also decline to provide legal services or legal representation to any person who comes to him or her as a result of a recommendation by a participant in a mediation conference.  Upon request, the mediator will state his or her experience and training in mediation and negotiation. including the number of mediation conferences he or she has observed, co-mediated and mediated.

FINANCIAL MATTERS

After the mediation conference. the mediator will make an equitable determination of how to divide the cost of the conference between the parties. The bill rendered by the mediator will show the division of the cost. In two party cases, the fee is divided equally between sides. When there are three or more parties, counterclaims, cross claims, third party claims, interpleader, etc., the mediator generally follows the principle that if a group or interest is divergent enough to have separate counsel, they are divergent enough to be assessed a pro rata share of the cost. The mediator may decline to assess a portion of the cost to incidental or nominal parties. The parties may agree as to the cost sharing and so direct the mediator.

The minimum charge for a mediation conference is two hours. If the conference is not held due to a settlement not timely announced to the mediator or the failure of a participant to appear, or in the event of a cancellation less than three business days before the conference, the minimum will be charged.

The charges for the mediation conference will cover all time spent in preparation for the conference, (including review of the court file and the summaries), telephone conferences with counsel, follow up telephone conferences, preparation of the report to the court, etc., as well as the time spent in or allocated for the conference itself, together with a administrative charge of fifty-four dollars per party. Travel time and expenses are not charged, except when expressly agreed by the parties. The mediator may waive his fees on a pro bono basis if the party is a defendant and a bona fide religious, educational or charitable organization and requests such treatment prior to the conference. Even though the work of trial court mediation has a positive impact on the court system, Mediation, Inc. does not receive any subsidy or revenue from the court or any other governmental entity. All our facilities are private and we operate without any access to publicly funded facilities. The attorneys are responsible for making prior financial arrangements with their clients or escrow arrangements to pay the cost of mediation. The cost of the conference will be billed to the attorney and the mediator looks to the attorney for payment since the mediator has no way of knowing the client or judging the creditworthiness of the client. Charges are due upon receipt of the invoice. Interest may be added to overdue amounts after 60 days. The party or counsel may pay these charges by credit card if it is convenient for them. Please advise Mediation, Inc.'s receptionist before the conference that a credit card will be used and she will make the appropriate arrangements.

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 Thank you for utilizing the services of Mediation, Inc. We appreciate the trust you have placed in us. If for any reason, you feel we have fallen short of our sincere goal of providing the most competent, trustworthy mediation services, please let us hear your comments.

MEDIATION, INC.