How Does the Approved Mediator Panel Work?

  • A disputant will initiate contact with the BHBA Approved Mediator Panel and complete the online application to initiate mediation. The other party or parties will receive online notification of the filing and will have the opportunity to respond, including how much time they wish to schedule for the mediation.
  • Once all parties have responded and paid their administrative fee, BHBA will provide a list of mediators to each of the parties. The list will have one mediator more than the number of sides to the case. Each side may reject one mediator. BHBA will assign a mediator from the remaining names, and that mediator will hear the case, unless there is a conflict of interest, in which case a new list will be sent to the parties. Once a mediator is selected, BHBA will inform that mediator.
  • With input from all parties, the mediator will schedule a mutually convenient date, time and location for the mediation. The mediator will also indicate the total estimated reserved time and the estimated mediator fees, to be equally shared by the parties. For example, if the mediator’s fee is $300 per hour, and there are three sides to a dispute, and they reserve an eight hour session, the full fee would be $2,400, $800 by each side.
  • Upon completion of the meditation, the mediator will file a report with the BHBA on the form that will be provided to the mediator by the BHBA.
  • Upon receipt of the report, payment of 90% of the funds received will be made to the mediator.
  • Mediators will be included on the list of proposed mediators sent to the parties on a rotating basis. Once a mediator is selected for a case, their name will be moved to the bottom of the rotation (unless the mediation is later cancelled, in which case the mediator's name will be placed back in the rotation at their previous priority position).
  • Notwithstanding the provisions in the section above, in the event that a mediator is requested by name and agreed upon by all parties, the selected mediator will preside over the mediation, but their name will be placed at the bottom of the rotation. If the mediation is later cancelled, the selected mediator will be placed back in the rotation at their previous priority position.

 

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