Specifics of Metamora's Mediation Process

Mediation is a voluntary process where the disputing Parties contract with Metamora Mediation, LLC and each other to negotiate in good faith while being constrained by the following set of rules and guidelines (known as the Agreement to Mediate).

After the Parties to a dispute have read the following Agreement to Mediate and decided to utilize the services of Metamora Mediation, LLC, they can begin the process with each of the Parties completing the

 "Request for Metamora Mediation Services" Form  and providing Metamora Mediation, LLC with a $625.00 money order or certified check as a retainer from which the fee for Mediation services will be deducted.

After each of the Parties has indicated their desire to Mediate, by completing the "Request for Metamora Mediation Services" Form and provided the "Retainer," a time and place for Mediation will be determined. At that time and place, Mediation will begin with the signing of a copy of the following Agreement to Mediate.

Agreement to Mediate

This Agreement will be Signed at the time of Mediation.

The undersigned agree to mediate this dispute in accordance with the following:

1.                  Richard Lewis Shively, Psy.D., Ph.D., and/or Janice M. (Jan) Shively (and his/her staff, assistants and/or Co-Mediator(s), if any) of Metamora Mediation, LLC, will serve as the Mediator(s) (here in referred to as the Mediator) and will be compensated $625.00 by each party to the dispute (here in referred to as the Parties) for each Mediation session (consisting of a four (4) hour block of time and one (1) hour case review, Mediation preparation and administration. Additional sessions, if required, can be provided at the same rate.

2.                 Mediation is voluntary and the Parties may withdraw from the Mediation at any time.

3.                  Mediation is not a legal or judicial proceeding. Any decision to resolve, or not to resolve, this dispute lies solely with the disputing Parties.  The resolution of this dispute may involve accepting an option which the Parties perceive to be in their best interest and not necessarily in an option that lies in the recognition or enforcement of the Parties rights under the law.

4.                  While the Mediation may occur outside the geographic boundaries of the STATE OF INDIANA, UNITED STATES OF AMERICA, The Mediation will be conducted in accordance with the Rules established by the Indiana Supreme Court to govern court ordered or referred Mediation: 

Indiana Rules of Court - - Rules For Alternative Dispute Resolution – Rule 2.7. Mediation Procedure

                                    and

Indiana Rules of Court - - Rules For Alternative Dispute Resolution – Rule 8. Optional Early Mediation 

5.                  The Parties understand and agree that the Mediator is neutral, that the Mediator does not represent any participant, and that the Mediator’s conduct is governed by:

Indiana Rules of Court - - Rules For Alternative Dispute Resolution
 Rule 7.  Conduct for persons conducting Alternative Dispute Resolution

6.                The Parties understand and agree that the Mediator shall have immunity in the same manner and to the same extent as a judge in the State of Indiana and any attempt to challenge this immunity in any proceeding shall entitle the Mediator to a judgment against the party asserting the challenge for the amount of any resulting judgment plus all reasonable attorney fees, court costs, and all other expenses incurred by the Mediator as a result of the challenge as required by:

Indiana Rules of Court - - Rules For Alternative Dispute Resolution– Rule 1.5. Immunity

7.                  The Mediation shall be regarded as settlement negotiations, closed to all persons other than the parties of record, their legal representatives, (a personal advisor with the approval of the Mediator) and shall be subject to the confidentiality protections provided in:

Indiana Rules of Court -- Rules For Alternative Dispute Resolution – Rule 2.11. Confidentiality

And as governed by:

Indiana Rules of Court – Rules of Evidence - Rule 408. Compromise and Offers to Compromise (see below):

The participants and the Mediator understand and agree that the Mediator cannot be compelled to testify regarding any matter discussed during the mediation, which shall be considered confidential and privileged.  It is also agreed that the confidentiality requirement may not be waived by any participant or Mediator and an objection to the obtaining of testimony or physical evidence from mediation may be made by any party or by the Mediator.  In addition, I agree to obey the law, as well as, respect the confidential nature of the mediation process and I will not discuss or disclose any information relating to the subject matter of this dispute outside the mediation session to anyone not involved with the case, unless all disputing parties otherwise agree in writing.

8.                  The Parties understand and agree if they or any other disputant in Mediation provides information that may cause the Mediator to be concerned that a criminal act may have occurred, the Mediator may report the information to the proper authority.

9.              The Parties understand and agree they may settle all or only part of the dispute.  In order for a settlement agreement to be binding and enforceable, however, all agreed provisions must be put in writing and signed by each participant and each participating attorney, if any.

10.              If a Party is represented by legal counsel and the Party's attorney has not accompanied them to Mediation, the Party may agree to sign the agreement, with the understanding that the agreement will not be valid without their attorney's review and approval.  
 

11.              The Parties understand and agree they may choose to sign and abide by any agreement without their attorney's review and approval of the agreement.

12.              The Parties understand and agree that no resolution will be forced upon them or any other disputant(s). The Parties also understand and agree any agreement reached between them and any other disputant(s) will be reduced to writing. This written agreement will contain only those terms and conditions that the disputing parties mutually compose and agree to abide by and honor. The Parties agree to accept responsibility to cooperate with the other disputant(s) in the drafting of the agreement. The Parties understand and agree that in the event any party to this agreement fails to live up to their obligation under this agreement, they may return to mediation or seek appropriate legal action.

13.              The Parties understand and agree the services provided by the Mediator are to facilitate and assist in communication, negotiation and bargaining between the Parties; therefore, the Parties will not hold the Mediator responsible for the outcome of the Mediation process, for the contents of any agreement which may be reached between the disputing Parties, or any action taken by any disputant involved in this Mediation.

14.              The Parties understand and agree that Service of Process pertaining to this or any other dispute shall not be attempted before, during, or immediately following the course of the Mediation, within one city block or 500 feet (152.4 meters) whichever is greater) of the designated Mediation site, upon any person entering or leaving for the purpose of scheduling or participating in Mediation of this dispute.

15.              If the Mediation does not result in an agreed full settlement of the dispute, the Parties may later use Mediation, before or after the filing of any related law suit, and may use the same or a different Mediator, as the Parties may agree.

16.              Each party may terminate their participation in Mediation at any time by notifying the Mediator and the other Party(s). 

17.              The Mediator may terminate the Mediation at any time because of an impasse or if for any reason the Mediator deems it improper, unproductive, or unconscionable to continue.  The Mediator may disclose (only to the Parties and any participating attorneys) the reason(s) for terminating the Mediation, but such discloser is optional at the Mediator’s sole discretion.

18.              The Parties and their personal advisors (if any) affirm they have no weapons and by signing this agreement they consent to a search of their person, clothing, purse, briefcase, or such other personal items or containers they have in their possession, at the time of the Mediation. Furthermore, the Parties release the Mediator from any and all responsibility for the consequences of any violent acts which may arise from the behavior of any other individual(s).

19.              Finally, the Parties, their attorneys and personal advisors (if any) understand and agree the records of this dispute maintained by the Mediator are confidential and they agree they shall not attempt to compel the Mediator to divulge such records or to testify in regard to the Mediation in any adversarial or judicial forum. They also agree the Mediator has the right to destroy all records pertaining to this case.

I/we, the undersigned, request that Richard Lewis Shively, Psy.D., Ph.D., and/or Janice M. (Jan) Shively (and his/her staff, assistants and/or Co-Mediator(s), (if any), of Metamora Mediation, LLC provide Mediation services under the terms and conditions stated above and I/we agree to Mediate in good faith while not being required to reach an agreement.