Most mediations can be conducted quite effectively over the telephone.  In fact, almost all of the mediations that JP&A has conducted in over 1000 commodity futures arbitration cases filed before the National Futures Association  and approximately one-half of the 400 matters filed before the NASD have been done by telephone.  By mediating through a teleconference rather than in a face-to-face meeting, the parties save both time and money.  Also, parties often find it easier to talk to one another over the telephone rather than in person. 

When conducting mediations, JP&A abides by the ground rules of the forum in which the case is pending and any specific preconditions agreed to by the parties.  In addition, JP&A requests that the parties verbally agree:  

• not to tape-record any mediation conference;

• to hold strictly confidential any discussion related to settlement of the pending case and not to refer to it, in any way, during the course of any hearing or in any written submission filed in the case; and 

• not to call the JP&A mediator as a witness on their behalf at the hearing, nor subpoena the JP&A mediator’s notes and records related to the case, should the parties not reach a settlement.    

If these ground rules are acceptable to the parties, the mediation is ready to proceed.