| Cooperative Family Mediation Rules |
1. Definition of Cooperative Family Mediation. Cooperative Family Mediation
is a process in which an impartial third party facilitates the resolution of family
disputes by promoting the participants voluntary agreement. The mediator assists
communication, encourages understanding and focuses the participants on their
individual and common interests. The mediator works with the participants and
their counsel to explore options, make decisions and reach their own agreements.
2. Agreement of Parties. Whenever the parties have agreed to mediation,
they shall be deemed to have made these rules, as amended and in effect as of
the date of the submission of the dispute, a part of their agreement to mediate.
3. Consent to Mediator. The parties consent to the appointment of the
individual named as mediator in their case. The Mediator shall act as an
advocate for resolution and shall use her best efforts to assist the parties in
reaching a mutually acceptable settlement.
4. Conditions Precedent to Serving As Mediator. The Mediator shall not
serve as a mediator in any dispute in which she has any financial or personal
interest in the result of the mediation. Prior to accepting an appointment, the
Mediator shall disclose any circumstance likely to create a presumption of bias or
prevent a prompt meeting with the parties. In the event that the parties disagree
as to whether the Mediator shall serve, the Mediator shall not serve.
5. Authority of Mediator. The mediator is not acting as a lawyer, therapist or
judge. The Mediator does not have the authority to decide any issue, but will
attempt to facilitate the voluntary resolution of the dispute by the parties. The
mediator may furnish information to help the parties resolve an issue. The
Mediator is authorized to negotiate between the parties and to encourage
settlement on each issue.
6. Commitment to Participate in Good Faith. Each person freely chooses to
participate in mediation and takes full responsibility for his or her decision to do
so. Consequently, blame or fault have no place in mediation and the parties
agree to participate in the proceedings in good faith with the intention to resolving
the dispute, if possible. All participants commit to exchange all information and
documentation necessary to reach a resolution. However, mediation is not a
substitute for litigation discovery and all participants agree not to use it as one.
7. Parties Responsible for Negotiating Their Own Agreement. The parties
understand the Mediator will not impose a settlement in their case. They agree
that the outcome of the mediation is their responsibility and they are responsible
for negotiating a resolution acceptable to them. The Mediator, as an advocate for
settlement, will use every effort to facilitate the negotiations between the parties
and a resolution to the issues. The Mediator may offer suggestions to assist the
parties to achieve resolution, but the power to decide always remains with the
parties. The Mediator does not warrant or represent that settlement will result
from the mediation process.
8. Legal Representation. The Mediator does not give legal advice nor perform
legal services for either party. As the mediator is an attorney with many years of
experience, she may inform both parties of general legal principles of the State of
Louisiana as those issues are mediated. However, the Mediator is not acting as
a lawyer or legal counsel in this matter. The parties have a duty to consult with
their own attorney for any legal advice on any issue related to the mediation and
shall not rely on the Mediator for such advice. The parties shall review with their
attorney any agreement reached at the mediation prior to signing such an
agreement.
9. Structure of Mediation. The Mediator will conduct the mediation sessions
in the manner she considers is best for resolution of the particular case.
Although the Mediator may seek input from the parties and their counsel, she is
responsible for determining the order in which the issues are discussed. The
Mediator is authorized to conduct one or more joint meetings with all parties and
counsel. She is authorized to conduct separate meetings with the parties and
their counsel, with just counsel, and with any other combination of participants as
she determines is necessary to facilitate an agreement. It may be necessary for
the Mediator to spend unequal amounts of time with the parties on certain issues,
but every effort will be made to keep all participants advised of the progress
throughout the mediation.
10. Privacy. Mediation sessions are private. The parties and their attorneys
may attend mediation sessions. With advance knowledge and consent of the
parties and the Mediator, new spouses, parents, siblings, or other support
persons may attend the mediation if their presence will assist resolution of the
matter. However, the Mediator retains authority to have any such person leave the
mediation if their behavior is interfering with the process.
11. Confidentiality. Confidential information disclosed to a Mediator by the
parties or by witnesses in the course of the mediation shall not be divulged by the
Mediator. All records, reports or documents received by a mediator while serving
in that capacity shall be confidential. The Mediator shall not be compelled to
divulge such records or to testify in regard to the mediation in any adversary
proceeding or judicial forum. Any party that 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 shall maintain the confidentiality of the mediation and shall not rely
on, or introduce as evidence in any arbitral, judicial or other proceeding: a) views
expressed or suggestions made by another party with respect to a possible
resolution of the dispute; 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.
12. No Recording of Mediation. There shall be no stenographic record of the
mediation process and no person shall tape or video record any portion of the
mediation session. The parties understand that all notes taken by the Mediator
during the session will be destroyed after the mediation is terminated.
13. Time and Place of Mediation. The Mediator shall fix the time of each
mediation session. The mediation shall be held at the office of the Mediator, or at
any other convenient location agreeable to the mediator and the parties.
14. Identification of Issues in Dispute. At least 2 days prior to the first
scheduled mediation session, each party, or their counsel, shall complete a
Family Cooperative Mediation Information Sheet provided by the mediator.
15. No Service or 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.
16. Termination of Mediation. The Mediation shall be terminated: a) by the
execution of a settlement agreement by the parties: b) by declaration of the
Mediator to the effect that further efforts at mediation are no longer worthwhile: or
c), after the completion of one full mediation session, by a written declaration of a
party or parties to the effect that the mediation proceedings are terminated.
17. Exclusion of Liability. The Mediator is not a necessary or proper party in
judicial proceedings relating the mediation. Neither Mediator nor any law firm
employing Mediator shall be liable to any party for any act or omission in
connection with any mediation conducted under these rules.
18. Interpretation and Application of Rules. The Mediator shall interpret and
apply these rules.
19. Fees and Expenses. The Mediator's daily fee shall be agreed upon prior
to mediation and shall be paid on the day of the mediation.
is a process in which an impartial third party facilitates the resolution of family
disputes by promoting the participants voluntary agreement. The mediator assists
communication, encourages understanding and focuses the participants on their
individual and common interests. The mediator works with the participants and
their counsel to explore options, make decisions and reach their own agreements.
2. Agreement of Parties. Whenever the parties have agreed to mediation,
they shall be deemed to have made these rules, as amended and in effect as of
the date of the submission of the dispute, a part of their agreement to mediate.
3. Consent to Mediator. The parties consent to the appointment of the
individual named as mediator in their case. The Mediator shall act as an
advocate for resolution and shall use her best efforts to assist the parties in
reaching a mutually acceptable settlement.
4. Conditions Precedent to Serving As Mediator. The Mediator shall not
serve as a mediator in any dispute in which she has any financial or personal
interest in the result of the mediation. Prior to accepting an appointment, the
Mediator shall disclose any circumstance likely to create a presumption of bias or
prevent a prompt meeting with the parties. In the event that the parties disagree
as to whether the Mediator shall serve, the Mediator shall not serve.
5. Authority of Mediator. The mediator is not acting as a lawyer, therapist or
judge. The Mediator does not have the authority to decide any issue, but will
attempt to facilitate the voluntary resolution of the dispute by the parties. The
mediator may furnish information to help the parties resolve an issue. The
Mediator is authorized to negotiate between the parties and to encourage
settlement on each issue.
6. Commitment to Participate in Good Faith. Each person freely chooses to
participate in mediation and takes full responsibility for his or her decision to do
so. Consequently, blame or fault have no place in mediation and the parties
agree to participate in the proceedings in good faith with the intention to resolving
the dispute, if possible. All participants commit to exchange all information and
documentation necessary to reach a resolution. However, mediation is not a
substitute for litigation discovery and all participants agree not to use it as one.
7. Parties Responsible for Negotiating Their Own Agreement. The parties
understand the Mediator will not impose a settlement in their case. They agree
that the outcome of the mediation is their responsibility and they are responsible
for negotiating a resolution acceptable to them. The Mediator, as an advocate for
settlement, will use every effort to facilitate the negotiations between the parties
and a resolution to the issues. The Mediator may offer suggestions to assist the
parties to achieve resolution, but the power to decide always remains with the
parties. The Mediator does not warrant or represent that settlement will result
from the mediation process.
8. Legal Representation. The Mediator does not give legal advice nor perform
legal services for either party. As the mediator is an attorney with many years of
experience, she may inform both parties of general legal principles of the State of
Louisiana as those issues are mediated. However, the Mediator is not acting as
a lawyer or legal counsel in this matter. The parties have a duty to consult with
their own attorney for any legal advice on any issue related to the mediation and
shall not rely on the Mediator for such advice. The parties shall review with their
attorney any agreement reached at the mediation prior to signing such an
agreement.
9. Structure of Mediation. The Mediator will conduct the mediation sessions
in the manner she considers is best for resolution of the particular case.
Although the Mediator may seek input from the parties and their counsel, she is
responsible for determining the order in which the issues are discussed. The
Mediator is authorized to conduct one or more joint meetings with all parties and
counsel. She is authorized to conduct separate meetings with the parties and
their counsel, with just counsel, and with any other combination of participants as
she determines is necessary to facilitate an agreement. It may be necessary for
the Mediator to spend unequal amounts of time with the parties on certain issues,
but every effort will be made to keep all participants advised of the progress
throughout the mediation.
10. Privacy. Mediation sessions are private. The parties and their attorneys
may attend mediation sessions. With advance knowledge and consent of the
parties and the Mediator, new spouses, parents, siblings, or other support
persons may attend the mediation if their presence will assist resolution of the
matter. However, the Mediator retains authority to have any such person leave the
mediation if their behavior is interfering with the process.
11. Confidentiality. Confidential information disclosed to a Mediator by the
parties or by witnesses in the course of the mediation shall not be divulged by the
Mediator. All records, reports or documents received by a mediator while serving
in that capacity shall be confidential. The Mediator shall not be compelled to
divulge such records or to testify in regard to the mediation in any adversary
proceeding or judicial forum. Any party that 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 shall maintain the confidentiality of the mediation and shall not rely
on, or introduce as evidence in any arbitral, judicial or other proceeding: a) views
expressed or suggestions made by another party with respect to a possible
resolution of the dispute; 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.
12. No Recording of Mediation. There shall be no stenographic record of the
mediation process and no person shall tape or video record any portion of the
mediation session. The parties understand that all notes taken by the Mediator
during the session will be destroyed after the mediation is terminated.
13. Time and Place of Mediation. The Mediator shall fix the time of each
mediation session. The mediation shall be held at the office of the Mediator, or at
any other convenient location agreeable to the mediator and the parties.
14. Identification of Issues in Dispute. At least 2 days prior to the first
scheduled mediation session, each party, or their counsel, shall complete a
Family Cooperative Mediation Information Sheet provided by the mediator.
15. No Service or 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.
16. Termination of Mediation. The Mediation shall be terminated: a) by the
execution of a settlement agreement by the parties: b) by declaration of the
Mediator to the effect that further efforts at mediation are no longer worthwhile: or
c), after the completion of one full mediation session, by a written declaration of a
party or parties to the effect that the mediation proceedings are terminated.
17. Exclusion of Liability. The Mediator is not a necessary or proper party in
judicial proceedings relating the mediation. Neither Mediator nor any law firm
employing Mediator shall be liable to any party for any act or omission in
connection with any mediation conducted under these rules.
18. Interpretation and Application of Rules. The Mediator shall interpret and
apply these rules.
19. Fees and Expenses. The Mediator's daily fee shall be agreed upon prior
to mediation and shall be paid on the day of the mediation.
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