The services conducting this mediation are nationallogisticsmediations.com and/or nationalmaritimemediations.com (collectively “the Mediation Group”).
Each side to this mediation must have a representative or representatives with full authority to settle this matter up to the amount claimed (in addition to counsel) present at/in the mediation hearing/zoom event (“the hearing”).
Counsel, by the close of business two weeks prior to the date of the hearing (or other date to be set by the Mediator), shall advise each other, in writing by email, with cc to the Mediator, of the name(s), position(s), and email addresses of the representative(s), who will be present at the mediation hearing.
Each side is to exchange, by email, two weeks prior to the date of the hearing (or such other date to be set by the Mediator), initial mediation submissions in the form of an initial position letter / mediation memo / brief, no longer than ten pages in length, and any exhibits deemed necessary no longer than ten pages in length, highlighted to identify key paragraphs, setting forth the facts and their positions on liability and damages. Such submissions are to be shared with all sides by email, and sent to the Mediator both by email, in PDF format, and by hard copy via express mail. Any legal authorities cited in said mediation submissions or in any responsive submissions shall have key passages highlighted and shall also be emailed to the Mediator and also sent by express mail to the Mediator to be received within three days of the applicable mediation submission.
Each side is also to exchange, by email, one week prior to the date of the hearing (or other date to be set by the Mediator) responsive mediation submissions, in the form of a response position letter / mediation memo / brief and any exhibits deemed necessary, highlighted to identify key paragraphs, setting forth their response to any arguments raised by the other side in their initial mediation submissions, also no longer than ten pages in length, with the reply exhibits also no longer than ten pages in length highlighted to identify key paragraphs. Such responsive submissions (including legal authorities highlighted to identify the key paragraphs) are to be shared with all sides by email, and sent to the Mediator both by email, in PDF format, and via hard copy by express mail.
Counsel for each side is to receive and/or have no later than two weeks prior to the hearing their 50% share of the flat-fee set by the Mediation Group, as security for the fees for the mediation. Counsel for each side shall advise the Mediator of the receipt and possession of said funds by email by no later than two weeks prior to the date of the hearing and shall hold said funds in their trust account(s) until the fees of the Mediator are to be paid. The amount of the Mediator fee will be shared equally by each side herein, and is to be paid by 10 days after receipt by counsel of the Statement for Mediation Services.
The charge for the mediation will be set in advance by the Mediation Group, which shall be the flat-fee charge, unless the mediation continues beyond one day, of which additional time shall be billed at $450 per hour or for any partial hour, per party. All fees shall be shared and paid equally by the parties to the mediation, and any outstanding amount of the total fee in excess of the above security funds, or supplementary requested security (if any), shall be shared equally and paid by the parties who are jointly and severally responsible for the total fee in the event that either party does not pay their share of the fees due. Each participating party is to bear its own costs of the mediation.
Unless otherwise determined by the Mediator, the mediation/hearing shall take place via Zoom. If Zoom is not available, the mediation may be conducted via telephone.
At the hearing, opening statements will not be required, but can be made at the option of the individual participating attorney. Counsel may also make some short opening remarks on anything additional they wish to present (going perhaps to something presented in the response papers, or to something else). The Mediator will have an opportunity to ask some questions if he/she wishes to do so with all present. The Mediator will then proceed to discuss the matter and issues either jointly or privately with individual counsel and/or representative(s) and to have further joint discussions if and as they are warranted or requested, with the ultimate goal of getting the parties to a settlement of the dispute.
The Mediator in his or her sole discretion may use facilitative or evaluative or other techniques and/or may suggest settlement numbers. The mediation shall continue until the Mediator declares it completed.
The Mediator is empowered to alter any of these rules in his or her sole discretion.
If a settlement number is agreed, every effort shall be made to prepare and exchange an emailed confirmation of settlement, or to enter into an agreed-upon written release or settlement agreement, to be confirmed by counsel for both sides. No settlement numbers agreed to at a mediation shall be deemed by themselves to be a binding settlement until the parties execute releases to that effect or otherwise agree.
The parties to the mediation understand that the Mediator selected is likely to have many years of experience and ongoing relationships such as in the law and transportation fields, and hereby expressly waive any potential conflict of interests related to such relationships, so long as the Mediator selected does not have a current financial relationship with any of the parties to the Mediation.
If any of the above Mediation Rules are unacceptable to either side, the parties shall promptly advise the Mediator in writing by email. Proceeding with the Mediation will constitute agreement to these rules on behalf of themselves and their clients. If either side or counsel wishes to propose any additional rules, protocols or modification or clarification of these rules, or has any questions, they should promptly present the same.
Unless otherwise expressly agreed in writing by the parties to the mediation, no oral or written statement, position, proposal, rejection, etc, of any party, representative, counsel or person (including the Mediator) in this mediation process may be referred to, used or presented by any person or party in any court action, arbitration or elsewhere. The parties to this mediation hereby jointly and severally agree to hold the Mediator, maritimemediations.com, logisticsdisputemediations.com and the entities owning said brands or any entities related in ownership to said brands harmless for any conduct or statements or actions made by them in connection with the mediation. It is expressly agreed by all parties that commentary by the Mediator shall not be deemed to constitute legal advice and that the parties shall retain and consult their own counsel as they deem necessary to procure legal advice. All aspects of the Mediation shall be kept confidential unless disclosure is necessary by the mediation service to secure payment for the mediation services. The liability of anyone involved in the mediation via their employment with nationallogisticsmediations.com or Maloof & Browne LLC to any entity shall be capped at the price of a refund of the sums paid.
The parties understand that nationallogisticsmediations.com and nationalmaritimemediations.com are services provided under the auspices of Maloof & Browne LLC.
Every Logistics Dispute Has a Path to Resolution – If Your Mediator Can Manage the Logistics
