- Rules and Procedures
- Arbitration Procedures
- Mediation Procedures
- Confidentiality
- Fees
- Cancellation Policy
- Submit Your Request
Rules and Procedures
This page provides general information about the rules and procedures for a standard mediation or arbitration with Mediation Solutions of NY, LLC, however, all parties should refer to their individual Mediation or Arbitration Agreement for the rules and procedures that will apply to their individual matter.
Once parties confirm their intent to mediate or arbitrate and choose a dispute resolution professional to work with, the Mediation Solutions Mediation or Arbitration Agreement will be sent to each party for execution. The agreement includes basic information about the hearing to be conducted, the issues to be determined during the hearing, the parameters the parties have agreed to, and the name of the mediator or arbitrator chosen. The agreement also outlines the procedures to be followed in the mediation or arbitration process.
Along with the mediation or arbitration agreement, the parties will be provided with the initial advance payment invoice, which must be paid within 7 days of receipt in order to confirm the participation of the mediator or arbitrator and the date of the hearing.
Arbitration Procedures
The parties to an arbitration may agree to an open arbitration, in which the arbitrator has discretion in the amount awarded, or a “high-low” arbitration, in which the parties agree to parameters within which the award must be made. The parameters of the arbitration are confidential and will not be shared with the arbitrator.
Only the parties, their attorneys, and insurance company representatives and those witnesses designated to testify in the matter may be present during arbitration sessions unless otherwise agreed upon by the parties and the arbitrator.
At least seven (7) business days prior to the arbitration date, each party shall send to the other parties and Mediation Solutions of NY, LLC any submissions the parties wish to be considered in the hearing. Submissions must be sent to [email protected]. Mediation Solutions of NY, LLC will forward any such submissions to the arbitrator.
During the arbitration, each side may present witnesses and exhibits. Each side is permitted to cross-examine the opposing witnesses, and each side will be permitted to make a closing argument.
The parties agree that the arbitrator is not acting as an attorney or providing legal advice on behalf of any party, and cannot and will not provide legal, tax, or financial advice.
Upon completion of the arbitration hearing, the arbitrator will deliberate and prepare a decision, which will be submitted to Mediation Solutions of NY, LLC, usually within 30 days after the arbitration hearing has been completed. The decision will then be distributed by Mediation Solutions of NY, LLC to all parties. The decision of the arbitrator is final, and all parties agree to be bound by the decision. The defendant/respondent will pay, and the claimant/plaintiff will accept payment of the award amount rendered in accordance with this high-low agreement. The parties may file a judgment based on the decision.
Mediation Procedures
Only the parties, their attorneys, and insurance company representatives may be present during mediation sessions unless otherwise agreed by the parties and the mediator.
During the session, the mediator may conduct meetings jointly or separately with the parties and their counsel or representatives. The parties agree that the mediator is not acting as an attorney or providing legal advice on behalf of any party, and cannot and will not provide legal, tax, or financial advice.
Any party may terminate its participation in the mediation for any reason by giving notice to the mediator and all parties. Termination of the mediation does not terminate the parties’ obligation to abide by the provisions in this Mediation Agreement including the obligation to pay for those services rendered up to the point of that party’s termination or withdrawal.
Submissions must be submitted to [email protected] no later than five (5) business days prior to the scheduled mediation date.
Confidentiality
The mediation process is confidential. If a party informs the mediator that information is being conveyed to the mediator in confidence, the mediator will not disclose the information. All statements made during the course of the mediation are privileged settlement discussions and are made without prejudice to any party’s legal position. Statements, offers, or disclosures made during the mediation may not be disclosed to third parties other than those associated with the participants in the process.
Mediation submissions will be kept confidential unless Mediation Solutions of NY, LLC and/or the mediator assigned is advised that they can be shared with all parties.
Fees
Payment of fees is not dependent upon the outcome of the mediation or arbitration. Attorneys are jointly and severally liable for all fees with respect to their client(s). Each party’s fee represents a percentage of the mediator or arbitrator’s hourly rate. Each party’s bill will be based on the total hours spent by the mediator or arbitrator in review, conference time, and time writing the mediation agreement or arbitration decision associated with the case.
The Case Administration fee and two-hour minimum fee must be paid within 7 days of receipt of the mediation or arbitration agreement. Upon completion of the mediation or arbitration hearing, the parties may receive an additional invoice to cover any additional hearing, review, or decision time.
Cancellation Policy
The Case Administration Fee is non-refundable once the arbitration date has been set.
If the arbitration is cancelled or rescheduled, the parties are responsible to pay the Case Administration Fee and any additional arbitration expenses already incurred, including, but not limited to any expenses for the arbitrator’s review and preparation time.
If the cancellation or rescheduling occurs fewer than 3 business days before the scheduled date, the cancelling party forfeits the two-hour minimum fee.