Sarah E. Worley Conflict Resolution, P.C.
Mediation Rules

1.         Mediation Agreement
It is specifically agreed by and between the parties to any mediation proceeding conducted through the services of Sarah E. Worley Conflict Resolution P.C. that these rules shall govern the mediation proceedings and shall be incorporated by reference into the Mediation Agreement that shall be executed by the parties prior to the commencement of the mediation.

2.         Time and Location
The time and location for the mediation shall be determined by mutual agreement between the parties to the mediation and the mediator.

3.         Interpreters
In the event that any party requires the services of an interpreter, selection of, payment of, and scheduling of that service shall be the responsibility of the party requiring said services.

4.         Attendance at Mediation
Parties to the matter at issue are entitled to attend the mediation. The mediator shall have sole discretion to determine which, if any, non-party participants shall be allowed to attend the mediation. Parties shall make every reasonable effort to secure the presence of decision-makers at the mediation. In the event that a decision-maker or person with authority to settle a particular matter cannot be present, counsel who represents that party shall alert the other parties about that anticipated absence before the scheduled mediation and shall make provision to have the absent decision-maker available, if possible, by telephone or some other electronic means.

5.         Postponement of Mediation
In the event that any party requires postponement of a scheduled mediation hearing, that party shall first seek the assent of all other parties to postpone the mediation hearing. If the party seeking postponement cannot secure that assent, motion shall be made to the mediator to request postponement.  Upon review of that motion and any opposition, the mediator shall rule on the motion. In the event of postponement, the parties shall be billed in accordance with the stated postponement policy of Sarah E. Worley Conflict Resolution P.C. If a mediation is cancelled or postponed within 7 days of the scheduled mediation, the party cancelling/postponing the mediation will be billed the full mediation fee.

6.         Mediation Proceedings

At the beginning of each mediation, the mediator shall explain the order of proceedings to the parties. In most instances, the mediator shall invite opening statements. After these opening statements, the parties shall retire to separate private meeting rooms where they will meet with the mediator. The mediator shall meet with the parties in turn. During these private meetings, the parties and their counsel may share information that they wish the mediator to keep confidential. The mediator will not disclose any of this information without specific permission from the parties.

7.         Confidentiality

All communications undertaken in the course of mediation are confidential to the mediation process and cannot be used in any judicial or other proceeding. The parties acknowledge that they will keep confidential the communications undertaken in the course of mediation. The parties further affirm that they will not subpoena or in any other way attempt to introduce the mediator, mediator’s notes, case files or other material related to the mediation in the course of any judicial, administrative or other matter. The parties recognize that the mediator is subject to the restrictions, and entitled to the protections, afforded by M.G.L. Chapter 233, Sec. 23c.

8.         Exclusion of Liability

It is specifically agreed by and between the parties that neither Sarah E. Worley nor Sarah E. Worley Conflict Resolution P.C. shall be liable for any act or omission in connection with the mediation of any matter. It is further agreed that neither Sarah E. Worley nor Sarah E. Worley Conflict Resolution P.C. is a necessary party to judicial proceedings relating to any mediation or settlement or any claim.