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Agreement to Mediate in the Office of
Williams & Williams Mediation

Agreement to Abide by Williams & Williams Mediations’ Policies:
The attorneys and parties, by scheduling and receiving a confirmation of a mediation session with Williams & Williams Mediation, are presumed to have read and to have agreed to abide by all policies, as stated in this “Agreement to Mediate.”  If an attorney/party feels that the terms and policies required to contract with and confirm that Williams & Williams Mediation will conduct a mediation session are not clearly reflected in the confirming letter or in this “Agreement to Mediate,” that attorney will contact the mediator and all participants in writing or, by not doing so, acknowledge and accept the terms as set forth. If you have any questions, please do not hesitate to contact Williams & Williams Mediation.

 

Procedure for Requesting and Confirming a Mediation Session:
The initiating party will complete:

Step One: the Mediation Dates Request Form and return it to admin@williamsmediation.com. Dates will be provided by Williams & Williams Mediation. The initiating/lead party agrees to obtain the availability of all parties to meet on a mutually-convenient date in the San Jose office of Williams & Williams Mediation and to notify Williams & Williams Mediation of that preferred date. In order to secure the preferred date and to enable Williams & Williams Mediation to draft a confirming letter, the initiating party must complete and submit

Step Two: the Required Case & Contact Information Form to admin@williamsmediation.com. Upon receipt of this form and based upon the presumption that all parties accept the policies noted, herein, Williams & Williams will send a confirming letter to all parties.

 

The Mediation Process:
The confirming letter will include each party’s designated arrival time, as the mediators do not begin the mediation session with a joint/all-party meeting. Instead, the mediators begin the mediation with separate sessions, scheduled at staggered arrival times, unless the parties specifically request to begin with an all-party session, at the outset. The plaintiff session usually begins first, then, is followed by the defense session, then, by sessions with additional parties. The mediators have found that staggered arrival times are profitable for expediting discussions. However, the mediator may decide, at any time during the mediation session, that it would be more effective to bring some combination of attorneys and clients together for an all-party session in an effort to move the negotiation forward or to clarify arguments, positions, or points of law. If the parties feel strongly that an all-party, introductory session would be profitable, the mediators will abide by that preference or any other process request.

 

Briefs & Paperwork:
Mediation briefs must received by Williams & Williams Mediation via facsimile or postal mail three (3) business days prior to the mediation session. Briefs of less than 10 pages in length may be emailed three business days prior to the mediation session.  Briefs that are emailed less than three days prior to the mediation session MUST also be faxed, to ensure that transmission errors or technical difficulties have not prevented the mediator from having received the materials.

The mediators prefer that briefs are shared with all parties, but will honor requests for the briefs to remain confidential.  The mediators will review all materials that are submitted in advance of the mediation, including outlines of positions and key issues in dispute, evidence or any exhibits, including expert and medical reports, deposition transcripts excerpts, police investigative reports, photographs, statements, schematics or diagrams, contracts, business records, etc.  The more information that is shared with the mediator and with the other parties, the greater the chance there is to settle the case.

For the parties’ convenience, Williams & Williams Mediation has provided a Confidential Questionnaire, located under the “Pre-Mediation Paperwork” section of the website. This form is optional and may be submitted with the brief, three business days prior to the mediation session.

 

Policies:
Conflict of Interest & Confidentiality:
No formal “Waiver of Potential Conflict” document or “Confidentiality Document” will be required for signature prior to the mediation.  However, if the mediation goes forward, it is understood that any potential conflict of interest that may come from the mediator’s knowledge of or relationship with the parties, attorneys or insurance carriers is fully waived.  It is also understood and agreed that the provisions of California Evidence Code §1119 concerning mediations applies to each session of this mediation. 

Participation:
These kinds of matters are resolved when the person who has the decision-making authority is present.  Therefore, the mediators prefer that your client or, if relevant, your client’s insurance claims representative, is present at the mediation. If a representative requests to participate by telephone, the mediators require that the attorney for that representative advises all other lawyers in writing. Additionally, the attorney must obtain the representative’s cell phone number so that the representative may be reached at all times during the mediation session.

Mediation Fees and Payment Responsibilities:
Please review the “Fee Information and Billing Policies” section of the Williams & Williams Mediation website. All policies regarding the mediators’ hourly billing rates, fee apportionment between the parties, the payment responsibilities of the parties, billing of cancellation/continuance fees, and Williams & Williams billing and collections policies are stated in detail and are incorporated into this Agreement to Mediate.  Please contact the Williams & Williams Mediation office with any questions or concerns regarding these policies.

 

                                             
           


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