Mediator Impartiality Clause Samples

Mediator Impartiality. The participants understand that the mediator must remain impartial throughout and after the mediation process. Thus, the mediator shall not champion the interests of any party over another in the mediation or in any court or other proceeding. The participants agree that the mediator may discuss the participants' mediation process with any attorney any party may retain as individual counsel. Such discussions will not include any negotiations, as all mediation negotiations must involve all participants directly. The mediator will provide copies of correspondence, draft agreements, and written documentation to independent legal counsel at a party's request. The mediator may communicate separately with an individual mediating party, in which case such "caucus" shall be confidential between the mediator and the individual mediating party unless they agree otherwise.

Mediator Impartiality. No person may serve as a mediator in an adverse dispute who has previously served as an advocate or representative for any party in the mediation. Furthermore, no person serving as mediator may thereafter advocate for a participant in any other proceeding arising from or related to the mediated dispute (see 7 CFR Section 614.11(f)).

Mediator Impartiality. The mediator will be impartial during the mediation. The mediator may talk to any party or their lawyer about the process or the issues and may share what he learns from one party with another party, unless he is asked not to.

Mediator Impartiality. The participants understand that the mediator must remain impartial throughout and after the mediation process. The mediator shall not champion the interests of either participant over another in the mediation. The participants agree that the mediator may discuss the participants' mediation process with any lawyer either participant may retain as counsel. Such discussions will not include any matters personal or confidential to either participant but will include the mediation negotiations, offers and counter offers and legal issues arising from the facts of the case being mediated. The mediator may communicate separately with an individual mediating party (and their lawyer), in which case such discussions shall be confidential between the mediator and the individual mediating party (and their lawyer) unless there is consent to use this information for the purpose of facilitating the overcoming of an impasse and a settlement.

Mediator Impartiality. The parties understand that the mediator must remain impartial throughout and after the mediation process. Thus, the mediator shall not champion the interests of any party over another in the mediation or in any court or other proceeding. The parties agree that the mediator may discuss the parties’ mediation process with any attorney that a party may retain as individual counsel. Such discussions will not include any negotiations, as all mediation negotiations must involve all parties directly. The mediator will provide copies of correspondence, draft agreements, and written documentation to independent legal counsel at a party’s request.

Mediator Impartiality. The parties understand that the mediation Judge must remain impartial throughout and after the mediation process. Thus, the mediation Judge shall not champion the interests of any party over another in the mediation or in any legal proceeding. The mediation Judge may communicate separately with an individual mediating party, in which case such "caucus" shall be confidential between the mediation Judge and the individual mediating party unless they agree otherwise.

Mediator Impartiality. 9.1 The Participants understand that the mediator must remain impartial throughout and after the mediation process. The mediator shall therefore not champion the interests of any participant over another in the mediation or in any court or other proceeding. 9.2 The mediator will provide copies of correspondence, draft agreements, and written documentation to the Participants legal representatives at a participant’s request only. 9.3 The mediator may communicate separately with an individual mediating participant; in which case such discussions shall be confidential between the mediator and the individual mediating participant unless they agree otherwise.

Mediator Impartiality. The mediator’s role is to act as a neutral party for the purpose of assisting the parties in resolving their dispute. The parties acknowledge that the mediator is not acting as an attorney or advocate for any party, and has no duty to provide advice or information to a party or to assure that a party has an understanding of the problem or the consequences of his/her actions. The function of the mediator is to promote and facilitate voluntary resolution of the issues relating to the disputed claim. The mediator has no responsibility concerning the fairness or the legality of the resolution. The parties acknowledge that they do not know of any circumstances that would cause reasonable doubt as to the impartiality of the mediator. Though the mediator may at times offer opinions, recommendations, or settlement proposals, he/she has no authority to make, or compel the parties to make, any binding decisions or enter into any binding settlement agreement. The parties acknowledge that they will seek and rely on the legal advice of their counsel in connection with entering into any settlement or other agreement relating to the mediation proceeding.

Mediator Impartiality. The mediator will remain impartial throughout the mediation process. The mediator may discuss the me- diation process and the substance of the dispute with counsel for any party. The mediator will provide copies of correspondence, draft agreements, and written documentation to independent legal counsel at a party's request. The mediator may communicate separately with an individual mediating party and may in his discretion disclose such communication to other mediating parties unless otherwise agreed or in- structed.