{"id":105,"date":"2017-12-18T21:20:03","date_gmt":"2017-12-19T03:20:03","guid":{"rendered":"http:\/\/coelegal2.avvosites.com\/?page_id=105"},"modified":"2019-04-10T05:26:06","modified_gmt":"2019-04-10T10:26:06","slug":"mediation-rules-policies-and-procedures","status":"publish","type":"page","link":"https:\/\/www.coelegal.com\/houston-mediator\/mediation-rules-policies-and-procedures\/","title":{"rendered":"Mediation Rules, Policies and Procedures"},"content":{"rendered":"
Mediation is fundamentally an assisted settlement negotiation. The proceedings are private and\u00a0confidential. Communications to the mediator are also confidential unless permission to disclose\u00a0is expressly given by the parties. As mediator, Laura J. Coe will facilitate settlement negotiations\u00a0between the parties, but will not impose a settlement upon anyone and will not act as an advocate\u00a0for any party.<\/p>\n
In order to expedite the mediation, no later than three (3) days prior to mediation, please email,\u00a0fax, or hand deliver a statement containing the following information about the case:<\/p>\n
Please include any excerpts from documents or depositions which you feel support your client’s\u00a0view of the case. This statement will not be shown to any other person.<\/p>\n
Unless you request otherwise, at the conclusion of the mediation, we will notify the Court that\u00a0the case settled, did not settle, or that we are continuing to work towards resolution.<\/p>\n
Ms. Coe shall not serve as a mediator in any dispute in which she and\/or her firm has any\u00a0financial or personal interest in the result of the mediation. Prior to accepting an appointment,\u00a0Ms. Coe shall disclose any circumstances likely to create a presumption of bias or prevent a\u00a0prompt meeting with the parties.<\/p>\n
Ms. Coe does not have the authority to decide any issues for the parties, but will attempt to\u00a0facilitate the voluntary resolution of the dispute by the parties. Ms. Coe is authorized to conduct\u00a0joint and separate meetings with the parties and to offer suggestions to assist the parties achieve\u00a0settlement. The parties understand that Ms. Coe will not and cannot impose a settlement in their\u00a0case. Ms. Coe, as an advocate for settlement, will use every effort to facilitate the negotiations of\u00a0the parties. Ms. Coe does not warrant or represent that settlement will result from the mediation\u00a0process.<\/p>\n
Party representatives must have authority to settle and all persons necessary to the decision to\u00a0settle must be present. The names and addresses of such persons shall be communicated in\u00a0writing to Ms. Coe. If a party is represented by an attorney, the participation of both the attorney\u00a0and the client is essential to mediation. All natural persons who are parties must be present for\u00a0the entire process. Any party who is not a natural person must be present through an officer or\u00a0other representative (not including counsel) who has authority and discretion to meaningfully\u00a0negotiate a settlement. If a non-party insurance company has control over settlement within\u00a0policy limits for an insured party, the insurance company should also be present through a
\nrepresentative with authority and discretion to negotiate a settlement up to policy limits.<\/p>\n
Mediation sessions are private. The parties and their representatives may attend mediation\u00a0sessions. Other persons may attend only with the permission of the parties and with the consent\u00a0of Ms. Coe.<\/p>\n
Confidential information disclosed to a mediator by the parties or by witnesses in the course of\u00a0the mediation shall not be divulged by Ms. Coe. All records, reports, or other documents\u00a0received by Ms. Coe while serving in the capacity shall be confidential. Ms. Coe shall not be\u00a0compelled to divulge such records or to testify in regard to the mediation in any adversary\u00a0proceeding or judicial forum. Any party that violates this order shall pay all reasonable fees and\u00a0expenses of Ms. Coe and other parties, including reasonable attorney’s fees, incurred in opposing\u00a0the efforts to compel testimony or records from Ms. Coe.<\/p>\n
The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce\u00a0as evidence in any arbitral, judicial, or other proceeding, the details of negotiations occurring at\u00a0the mediation.<\/p>\n
There shall be no stenographic record of the mediation process and no person shall audio or\u00a0video record any portion of them mediation.<\/p>\n
No subpoenas, summons, complaints, citations, writs, or other process may be served upon any\u00a0person at or near the site of any mediation session upon any person entering, attending, or\u00a0leaving the session.<\/p>\n
The mediation shall be terminated: a) by the execution of a settlement agreement by the parties;\u00a0or b) by the declaration of an impasse by Ms. Coe.<\/p>\n
Ms. Coe shall interpret and apply these rules.<\/p>\n","protected":false},"excerpt":{"rendered":"
Mediation is fundamentally an assisted settlement negotiation. The proceedings are private and\u00a0confidential. Communications to the mediator are also confidential unless permission to disclose\u00a0is expressly given by the parties. As mediator, Laura J. Coe will facilitate settlement negotiations\u00a0between the parties, but will not impose a settlement upon anyone and will not act as an advocate\u00a0for any…<\/p>\n","protected":false},"author":7850,"featured_media":0,"parent":201,"menu_order":8,"comment_status":"closed","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false},"tags":[],"jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":201,"url":"https:\/\/www.coelegal.com\/houston-mediator\/","url_meta":{"origin":105,"position":0},"title":"Effective Mediator","date":"January 22, 2018","format":false,"excerpt":"Mediation is a widely accepted practice by the Texas courts. These alternative methods of dispute resolution have proven to reduce overburdened court dockets, expedite settlements and reduce legal fees and business costs. An experienced mediator, lead attorney Laura J. Coe facilitates impartial settlement negotiations between parties without imposing a settlement.\u2026","rel":"","context":"Similar post","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":199,"url":"https:\/\/www.coelegal.com\/houston-mediator\/mediation-fee-schedule\/","url_meta":{"origin":105,"position":1},"title":"Mediation Fee Schedule","date":"January 22, 2018","format":false,"excerpt":"Fee Schedule Per Party Per Mediation Day (Monday through Friday; 9:30 a.m. to 5:30 p.m.) Amount in Controversy Fee Per Party Up to $500,000.00 $1,250.00 Between $500,000.00 up to $1,000,000.00 $1,500.00 Over $1,000,000.00 $1,750.00 Half Day Mediations available at $500.00 per party for four (4) hours. Half day\u00a0mediations will commence\u2026","rel":"","context":"Similar post","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":120,"url":"https:\/\/www.coelegal.com\/about-us\/","url_meta":{"origin":105,"position":2},"title":"About Us","date":"December 18, 2017","format":false,"excerpt":"The Coe Law Firm, PLLC is a boutique law practice focused on the highest level of client service. We provide personalized attention to established businesses as well as entrepreneurs and individuals with complex and sophisticated legal needs. We believe that a firm understanding of our clients\u2019 concerns, challenges and business\u2026","rel":"","context":"Similar post","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.coelegal.com\/wp-json\/wp\/v2\/pages\/105"}],"collection":[{"href":"https:\/\/www.coelegal.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.coelegal.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.coelegal.com\/wp-json\/wp\/v2\/users\/7850"}],"replies":[{"embeddable":true,"href":"https:\/\/www.coelegal.com\/wp-json\/wp\/v2\/comments?post=105"}],"version-history":[{"count":1,"href":"https:\/\/www.coelegal.com\/wp-json\/wp\/v2\/pages\/105\/revisions"}],"predecessor-version":[{"id":1009,"href":"https:\/\/www.coelegal.com\/wp-json\/wp\/v2\/pages\/105\/revisions\/1009"}],"up":[{"embeddable":true,"href":"https:\/\/www.coelegal.com\/wp-json\/wp\/v2\/pages\/201"}],"wp:attachment":[{"href":"https:\/\/www.coelegal.com\/wp-json\/wp\/v2\/media?parent=105"}],"wp:term":[{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.coelegal.com\/wp-json\/wp\/v2\/tags?post=105"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}