Mr. Paine offers Arbitration and Mediation services, and primarily assists in resolving civil, non-domestic issues. His litigation and business experience since 1973 gives him insight and knowledge extending from personal injury disputes to commercial real estate issues. Mediation is a non-adversarial process which is most effective if the parties involved understand that the purpose of the mediation is to attempt to find a mutually acceptable resolution of the dispute through cooperative attempts to solve the problems which presently separate them. To achieve a mutually acceptable resolution, the mediator, the parties and their counsel will work to ensure that each party understands the facts asserted and the contentions of all parties.
For mediation to be successful, open and honest communication, negotiations, and statements are essential. Initially, the parties agree to make complete and accurate disclosure of all matters relevant to the process of settlement. This includes providing each party and the mediator with all relevant information which would be available in the discovery process in a legal proceeding. If a party deliberately withholds information or supplies false information relevant to the settlement, then the agreement reached in mediation may be set aside.
Information gathered in the mediation process is confidential and privileged. All such communication by the parties shall be treated as strictly confidential by the mediator and the parties. The mediator will not disclose any information learned during the mediation without the express permission of the parties. Confidential matters disclosed in a private meeting or caucus with one party will not be divulged to the other party without the consent of the party making the disclosure.
In order to maintain confidentiality, the parties agree not to call the mediator to testify as a witness at any proceeding nor to subpoena or otherwise seek discovery of any written materials in his/her/their possession developed for or in the course of this mediation. To the extent that the law permits such discovery from the mediator, the parties hereby waive their rights thereto. The mediator is not prevented from reporting any crimes, imminent threats of bodily injury or abuse to a child or a party, or such other matters as to which the law imposes a duty to report. Such confidentiality does not extend to a situation in which: (a) there are threats of imminent violence to self or others; or (b) the mediator believes that a child is abused or that the safety of any party or third person is in danger.
The mediator does not offer legal or financial advice in this mediation and is not functioning as an attorney whether or not the mediator is in fact an attorney. The mediator’s role is to aid the parties in seeking a fair agreement in accordance with their respective interests. The construction of a proposed agreement and any question of law should be referred by the parties to their own legal counsel. All parties are encouraged to have an independent attorney look over any completed agreements. A completed settlement/agreement form will incorporate all issues agreed upon. The mediator is available to clarify the content of the stipulation/agreement to your attorneys, if necessary.