Code of Mediation Procedure

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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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