H Fishman Mediation

Confidentiality
The entire process of mediation shall be kept in the strictest of confidence. Confidentiality of information presented in mediation sessions is critical to the success of the mediation process. By engaging in mediation, the parties and their attorneys acknowledge and agree that all offers of settlement made during mediation are confidential, and that all settlement discussions are privileged.

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The parties and the mediator acknowledge and agree that what transpires in mediation shall not be disclosed outside of mediation, and shall not be the basis for any action in the underlying legal proceeding, if there is one pending, or in any court proceedings for any reason. The exception is any mediated agreement filed with the Court (whether it be a temporary, final, partial or complete agreement). To further elaborate, statements of parties or counsel, offers and counter-offers conveyed, and legal positions advanced, shall be made without prejudice to any later made or held position, and shall not be admissible in any underlying litigation or in any other legal proceeding for any purpose, and shall not be disclosed to any third parties.

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For more details, see the Model Standards of Conduct for Mediators page.

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Format of Mediation

Prior to the start of our session, I will confer with counsel regarding which of the options below best suit your circumstances and needs. 

​Option 1: Work in private caucus sessions the entirety of the day.
Option 2: Start in joint session to review Rules of Mediation, then work in private caucus sessions the balance of the day.  
Option 3: Start in joint session to review Rules of Mediation, take a brief history from the parties, record their individual values of assets and liabilities, then work in private caucus sessions the balance of the day.  
Option 4: Work in joint session the entirety of the day, with breaks for brief private caucus sessions when necessary.  

Private Caucus Sessions
We hold private caucus sessions in order to achieve final resolution of your case. In these sessions, you and your attorney can discuss the issues in dispute with me.

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To the extent that information is shared with me in private session, I assume I have your permission to disclose such information to the other side unless you specifically request otherwise.

In the event we reach an impasse, and if you concur, I may request to meet with counsel or the parties, individually or together.

 

Notes
After the mediation concludes either by the execution of an agreement or a mutual determination to cease further mediation efforts, I retain the option of destroying all my notes and documents except those necessary for my administrative records.  

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