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Section 9 – Changes and Claims

presumption of bias or prevent a prompt meeting with the parties. Upon receipt of such

information, the parties shall meet and confer and decide whether to select another Mediator.

If any Mediator shall become unwilling or unable to serve, another Mediator shall be

selected unless the parties agree otherwise.

9-20.06 Representation

Any party may be represented by persons of their choice, who shall have full authority to

negotiate. The names and addresses of such persons shall be communicated in writing to all

parties and to the Mediator.

9-20.07 Time and Place Of Mediation

The Mediator shall set the time of each Mediation session. The Mediation shall be held at

any convenient location agreeable to the Mediator and the parties, as the Mediator shall

determine. All reasonable efforts will be made by the parties and the Mediator to schedule the

first session within thirty (30) days after selection of the Mediator.

9-20.08 Identification Of Matters In Dispute

At least ten (10) days before 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. Such memoranda shall be mutually exchanged by the parties. At the first

session, the parties will be expected to produce all information reasonably required for the

Mediator to understand the issue presented. The Mediator may require each party to

supplement such information.

9-20.09 Authority Of Mediator

The Mediator does not have authority to impose a settlement upon the parties but will

attempt to help the parties reach a satisfactory resolution of their dispute. The Mediator is

authorized to conduct joint and separate meetings 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 the parties agree and assume the

expenses of obtaining such advice. 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 Mediator's judgment, further efforts at Mediation would not

contribute to a resolution of the dispute between the parties.

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.

9-20.11 Confidentiality

Confidential information disclosed to a Mediator by the parties or by witnesses in the course

of the Mediation shall not be divulged by the Mediator. All records, reports, or other documents

received by a Mediator while serving as Mediator shall be confidential. 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. The parties shall maintain the confidentiality of the Mediation and

shall not rely on, or introduce as evidence in any arbitration, judicial or other proceedings or any

of the following: (a) Views expressed or suggestions made by the other party with respect to a

possible settlement of the dispute; (b) Statements made by the other party in the course of the

Mediation proceedings; (c) Proposals made or views expressed by the Mediator; or (d) Whether

the other party had or had not indicated willingness to accept a proposal for settlement made by