Exhibits to complaint, defendants - Insurance Coverage Blog

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Commercial Arbitration Rules ..-0-.-- M-10. Authority ofthe Mediator The mediator does not have the authority to impose a settlement on the parties but wil attempt joint to and help them reach a satisfactory resolution of their dispute. The mediator is authorized to conduct separate meetings with the parties and to make oral and written recommendations for settlement. Whenever necessary, the mediator may also obtain expert advice concernng technical aspects of the dispute, provided that the parties agree and assume the expenses of obtainig 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 judgment of the mediator, furher efforts at mediation would not contribute to a resolution ofthe dispute between tbe paries. M-l1. Privacy Mediation sessions are private. The paries 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. M-12. Confdentiality 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 in that capacity 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 paries shall maintain the confdentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial, or other proceeding: (a) views exprsed or suggestions made by another par with respect to a possible setement of the dispute; the mediation proceedings; (b) admissions made by another part in the course of (c) proposals made or views expressed by the mediator; or (d) the fact that another part had or had not indicated willngness to accept a proposal for settlement made by the mediator. M-13. No Stenographic Record There shall be no stenographic record of the mediation process. M-14. Termination of Mediation The mediation shall be terminated: ,:
Commercial Arbitration Kuies (a) by the execution of a settlement agreement by the parties; (b) by a written declaration of the mediator to the effect that fuer efforts at mediation are no longer worthwhile; or (c) by a written declaration of a part or parties to the effect that the mediation proceedings are terminated. M-15. Exclusion of Liabilty Neither the AAA nor any mediator is a necessar part in judicial proceedings relating to the mediation. Neither the AAA nor any mediator shall be liable to any part for any act or omission in connection with any mediation conducted UIder these procedures. M-16. Interpretation and Application of Procedures The mediator shall interpret and apply these procedures insofar as they relate to the mediator's duties and responsibilties. All other procedures shall be interpreted and applied by the AAA. M-17. Expenses The expenses of witnesses for either side shall be paid by the part producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator and representatives of the AAA, and the expenses of any witness and the cost of any proofs or expert advice produced at the direct request ofthe mediator, shall be borne equally by the paries uness they agree otherwise. ADMINSTRATIVE FEES The nonrefudable case set-up fee is $325 per part. In addition, the paries are responsible for compensating the mediator at his or her published rate, for conference and study time (hourly or per diem). All expenses are generally bomeequally by the parties. The parties may adjust this arangement by agreement. Before the commencement of the mediation, the AAA shall estimate anticipated total expenses. Each part shall pay its portion of that amount as per the agreed upon arrangement. When the mediation has terminated, the AAA shall render an accounting and return any unexpended balance to the paries. COMMERCIAL ARBITRTION RULES R-l. Agreement ofParies*+ (a) The parties shall be deemed to have made these rules a part oftheir arbitration agreement whenever they have provided for arbitration by the American Arbitration Association (hereinafter AAA) under its Commercial Arbitration Rules or for arbitration by the AAA of a domestic commercial dispute without specifying particular rules. These rules and any amendment of them shall apply in the form in effect at the time the administrative requirements are met for a demand for arbitration or submission agreement received by the AAA. The parties, by written agreement, may vary the procedures set forth in these .:
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