- Initiation of Mediation
Prior to requesting arbitration for a grievance, the BCEA may request that the grievance be submitted to mediation, pursuant to the provisions of this section of the MOU.
- Appointment of Mediator
The parties shall appoint a mediator from the list of names and in the same manner as provided for arbitrators in Article XIII, Section C.5.A.
- Qualifications of Mediator
Prior to accepting an appointment, the prospective mediator shall disclose any circumstance likely to create a presumption of bias or prevent a prompt meeting with the parties.
- Vacancies
If any mediator shall become unwilling or unable to serve, the parties will appoint another mediator as provided for in Article XIII, Section C.5.a.
- Representation
Persons of the party's choice may represent any party.
- Date, Time and Place of Mediation
The mediator shall fix the date and the time of each mediation session. The mediation shall be held in the City of Burbank.
- Identification of Matters in Dispute
At least ten (10) days prior to the first scheduled mediation session, each party shall provide the mediator with a brief memorandum setting forth its position with regard to the issues that need to be resolved. At the discretion of the mediator, the parties may mutually exchange such memoranda.
At the first session, the parties will be expected to produce all information reasonably required for the mediator to understand the issues presented.
The mediator may require any party to supplement such information.
- Authority of Mediator
The mediator does not have the authority to impose a settlement on the parties but will attempt to help them reach a satisfaction resolution of their dispute. The mediator is authorized to conduct joint and separate meeting with the parties and to make oral and written recommendations for settlement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute, provided that the parties agree and assume the expenses of obtaining such advance. Arrangements for obtaining such advice shall be made by the mediator or the parties, as the mediator shall determine.
The mediator is authorized to end the mediation whenever, in the judgment of the mediator, further efforts at mediation would not contribute to a resolution of the dispute between the parties.
- Privacy
Mediation sessions are private. The parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the parties and with the consent of the mediator.
- Confidentiality
The mediator shall not divulge confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation. All records, reports, or other documents received by a mediator while serving in that capacity shall be confidential, and shall not be subject to discovery or release, except as provided for in Section K. The mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding or judicial forum. Matters discussed in mediation shall be considered confidential and privileged to the maximum extent of California law.
The parties shall maintain the confidentiality of the mediation and shall not rely on or introduce as evidence in any arbitral, judicial, or other proceeding:
- Views expressed or suggestions made by another party with respect to a possible settlement of the dispute;
- Admissions made by another party in the course of the mediation proceedings;
- Proposals made or views expressed by the mediator; or
- The fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator
- Written Agreement
A written agreement reached by the parties in the course of the mediation is admissible in any subsequent proceeding to enforce its terms.
- No Stenographic Record
There shall be no stenographic record of the mediation process.
- Termination of Mediation
The mediation shall be terminated:
- By the execution of a settlement agreement by the parties
- By a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or
- By a written declaration of a party or parties to the effect that the mediation proceedings are terminated.
- Exclusion of Liability
The mediator is not a necessary party in judicial proceedings relating to the mediation.
The mediator shall not be liable to any party for any act or omission in connection with any mediation conducted under these rules.
- Interpretation and Application of Rules
The mediator shall interpret and apply these rules insofar as they relate to the mediator's duties and responsibilities.
- Expenses
The party producing any witness shall pay that witness' expenses. All other expenses of the mediation (including required traveling and other expenses of the mediator and the cost of any proofs or expert advice produced at the direct request of the mediator) shall be borne equally by the parties unless they agree otherwise.