AMCC Mediation Process & Guidelines

Mediation Process

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1. Agreement to Mediate. Mediation is a voluntary process and both parties must agree to resolve their dispute according to the Guidelines for Mediation. AMCC can assist, but not guarantee, obtaining agreement from a reluctant party, if necessary.
2. Case Initialization. Both parties must sign a Submission to Alternative Dispute Resolution form and submit the Case Facilitation fee. Upon receipt of these items, a Case Facilitator will assign a mediator to the matter who will, in turn, provide a full disclosure of personal or business activities, if any, with the parties.
3. Case Commencement. The Mediation will commence upon acceptance of the mediator. The assigned Case Facilitator will contact both parties and schedule a mutually convenient Mediation Session. A retainer will be requested for the estimated time requirements or other expenses.
4. The Mediation Session. Both parties, the Mediator and any other previously determined representative or witnesses will meet at the scheduled time and place. The mediator will direct the Session at his or her own discretion, however the parties can expect the mediator to first explain the process, then give each party an opportunity to describe their understanding of the dispute. The mediator may wish to meet with the parties individually and jointly while facilitating a resolve.
5. Mediation Conclusion. When both parties have reached an agreement, the settlement terms will be provided in writing and signed by both parties. If the parties are unable to reach an agreement, the mediator may suggest binding arbitration as an alternative.

Mediation Guidelines

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1. Agreement. In initiating a mediation with AMCC, the parties and their representatives, if any, agree to follow these Guidelines for Mediation. The parties may agree to amendments or additions to these Guidelines by written stipulation signed by both parties. If there is a conflict between an amendment to these guidelines and applicable laws, than the applicable laws will prevail.
2. Initialization. A mediation is considered initialized upon the submission of an AMCC Submission to Alternative Dispute Resolution form, executed by both parties, or other acceptable documentation. If one party has not agreed to mediation, AMCC will contact that party in an attempt to elicit their commitment to the mediation process. Upon receipt of a fully executed Submission to Alternative Dispute Resolution form and the Case Facilitation fee, AMCC will contact both parties to ascertain mutually convenient meeting dates.
3. Appointment of Mediator. A mediator will be appointed by AMCC, unless the parties or another agreement stipulate otherwise. The mediator will have no personal or financial interest in the outcome of the mediation, nor will the mediator have any personal bias or business relationship with the parties to the mediation. Upon appointment, the mediator will disclose to the parties potential conflicts or relationships with the parties, if any. The parties will have the opportunity to reject the mediator, whereupon AMCC will appoint another mediator. The mediator will attempt to resolve the matters in dispute, however, the mediator is not empowered to impose a settlement. The mediator may, at his or her sole discretion, conduct joint or individual meetings with the parties to the mediation. The mediator also has the sole discretion to determine when a mediation is concluded, with or without a settlement of the dispute.
4. Mediation Commencement. Upon receipt of a fully executed Submission to Alternative Dispute Resolution form, the Case Facilitation fee and the appointment of a qualified mediator, the time, place and requirements for the mediation will be scheduled. Once scheduled, the parties will be required to submit the nature and facts of the dispute. The mediator will then, if necessary, request further information.
5. Mediation Conclusion. The mediation will conclude with a written settlement agreement executed by both parties and the mediator, or by written declaration by the mediator, or by written declaration of one or both parties.
6. Representation. The parties may be represented if desired. Representatives must be disclosed to the mediator no later than ten (10) days prior to the mediation hearing.
7. Confidentiality. Mediation sessions are designed to be private and will not be recorded or reported, unless so stipulated by both parties. Only the parties, their representatives and technical experts will be permitted at the mediation, unless otherwise agreed upon by the parties and the mediator.
8. Limitation of Liability. Mediators perform their services in accordance with customary industry standards for mediators and applicable state law. The Mediator and any employee of AMCC shall not be liable to any party for any act or omission nor be called to provide testimony or evidence in any judicial or arbitral proceeding.
9. Fees. The expense of the mediation will be divided equally between the parties unless there is a written agreement stipulating otherwise. These expenses may include mediator fees, case facilitation fees, conference facility fees and required travel expenses. The expense of each side's witnesses, experts and representation will be paid by the party selecting them. Fees are payable in advance and AMCC reserves the right to cancel or postpone a mediation due to non-payment. Contact AMCC for a fee schedule per mediator. AMCC also reserves the right to amend or change this fee schedule at any time.
10. Scheduling and Cancellation. Upon Mediation Commencement (see item 4 in these Rules of Mediation) a mediation session will be scheduled amongst all parties. This session will take place at a mutually convenient location providing private conference space. Sessions may be cancelled or continued at no cost thirty (30) days prior to the scheduled hearing date. If a cancellation or continuation is required less than thirty (30) days prior to a confirmed session date, then the canceling or continuing party will be responsible for the standard hourly fees. The Case Facilitation fee is not refundable. Mediations initiated at the direction of a Case Management Order may be subject to different rules.
11. Rights Reserved. AMCC reserves the right to amend, alter or otherwise change these guidelines. These guidelines shall be interpreted and administered by AMCC in accordance with state and federal laws.

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