Code of Mediation Procedure
Chapters in this video
- 0:00 Strict voluntariness and zero parties compelled
- 1:56 Submission Agreement and the bilateral requirement
- 2:51 Mediation is always voluntary even where arbitration is required
- 4:24 Default concurrent proceedings trap
- 5:49 Mediation Stay stipulation to pause arbitration
- 6:12 Confidentiality of statements and boundary for pre-existing documents
- 7:30 Mediator as facilitator versus arbitrator as decider
- 7:59 Rapid-fire exam recap
What this video covers
- Why mediation is strictly voluntary under the Code, and why zero parties can be compelled to participate or settle by FINRA, a mediator, or another party
- What the executed Submission Agreement is, why every party must sign one, and why FINRA will not administer mediation without it
- The critical exam trap that mediation does not automatically stay a pending arbitration, and what continues to run during concurrent proceedings
- When and how a Mediation Stay stipulation is required to pause arbitration deadlines, discovery, and hearing dates
- Which mediation communications are confidential and not discoverable or admissible later, and the exact boundary for pre-existing documents
- Why the mediator is only a facilitator who cannot impose a settlement, and how this differs from an arbitrator who issues a binding decision
- When a mediated settlement becomes enforceable, and why the parties own agreement resolves the dispute rather than a judge or arbitrator
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