Terms and Conditions

Terms And conditions

Conifac Dispute Resolution Professionals (DR Professionals) are focused on helping you resolve your disputes.  These procedures are the framework in which Confiac facilitates that process.

This is a voluntary program in which the parties of the dispute themselves determine the outcome.  Conifac does not act as a judge, make determinations, or force any of the participants to enter any agreement.   Whether the dispute is resolved is up to you.

Conifac’s Dispute Resolution Professionals are highly experience in the type of dispute you have.  We listen, we care, and we are creative.  We use those talents to help you come to a resolution.

Confidential

By engaging Conifac the parties agree that this dispute resolution process shall be confidential.  The parties are attempting to resolve a dispute and, therefore, desire to be able to freely and openly communicate with Conifac.  As such, as a condition of using Conifac’s services, all participants agree that Conifac shall not be required to disclose any information, communication, or discussion which is disclosed to any Conifac personnel for any reason, including as part of any future litigation or other legal proceeding between the parties.

Initial Agreement Among the Parties to Engage Conifac

Conifac highly recommends that you obtain the consent from all the parties that they are willing to participate in the Conifac process before submitting an Initial Dispute Resolution Request to Conifac.  We have found that people are more willing to consider and participate in the process if the request is made to them by you rather than Conifac.

Conifac has prepared an email template that you can use to send to the other parties in your conflict.  That template is [here].  We recommend you copy and paste this template into an email and send to the primary parties to the conflict.

Request for Dispute Mediation Facilitation

A request for Dispute Mediation Facilitation is made by the Initiating Party completing the Dispute Basic Information Request form and paying the Setup Fee.

Administrative Fee

The Initiating Party must pay its share of the non-refundable Administrative Fee.  The Administrative Fee is intended to cover the administrative cost of opening the file and making contact with all participants to the dispute resolution process.  Conifac will take no action until receipt of the Administrative Fee.

Appointment and Qualifications of DR Professional

  1. Within one (1) business day of the Initial Request, a Conifac Administrator (Administrator) will contact the Initiating Party to obtain more information about the dispute.
  2. The Administrator will contact the other parties within two (2) business days.
  3. The parties will be given written notice by the Administrator of the appointment of the DR Professional. The parties shall notify the Administrator by email within three (3) business days of any objection to the DR Professional appointed. Any such objection shall be for cause. If there are any such objections, the next appointed DR Professional shall be chosen by the Administrator, the Administrator shall notify all parties in writing, and the three (3) business day period shall start again.
  4. If there are no objections (or no further objections), the DR Administrator will confirm the acceptance of the DR Professionals (“DR Professional Confirmation”).

Administrative Fee

All the parties must pay a non-refundable Administrative Fee (flat fee).  The Administrative Fee is is intended to cover Conifac’s administration of the dispute (i.e. contacting the parties, gathering relevant documents, assigning a DR Professional, handling any administrative issues). No party may participate in the process prior to paying the Administrative Fee.

Deposit for DR Professional Fee

At the time of the DR Professional Confirmation, all the parties will be required to deposit their equal share of the estimated DR Professional Fees (see below).  The Administrator  will not take any further action until all parties have submitted such deposit.  Subsequent deposits may be required as the mediation process progresses.

  • DR Professional Fees – DR Professional Fees shall be charged by the hour and will be shared equally by the parties.

Initial DR Professional Conference

Within three (3) business days of DR Professional Confirmation, the DR Professional will contact all of the parties individually for an initial conference call.   The purpose of the initial conference call is to enable the DR Professional to establish a fair and equitable procedure for the submission of documents and to determine if a joint mediation session is required.

Parameters of Document Submission and Mediation Session

The DR Professional shall choose the parameters of any document submission and any proposed joint mediation session and shall notify all of the parties in writing of the schedule.  The DR Professional shall inform the the Administrator of the schedule and the Administrator will inform the parties in writing.

Final Agreement and DR Professional’s Proposal

The goal of the process is that the parties themselves reach an agreement on the outcome of the dispute.  If no agreement is reached among the parties, the parties may request that the DR Professional submit a DR Professional’s proposal to settle the dispute.  If requested, the DR Professional shall submit the proposal to the parties in writing within seven (7) calendar days from the date of the request for the DR Professional’s proposal.

Agreement

It is the party’s responsibility to draft the final agreement.  The DR Professional will assist with the drafting of any final agreement if requested.

Additional Fees

The Administrator may assess additional fees to parties that have agreed to supplemental rules or procedures, or the exchange of information, that relate to the mediation but are external to these Rules.

Expenses

All expenses not covered by the fees above, including, but not limited to, DR Professional travel expenses, conference calls, facility charges and session expenses will be shared equally by the parties unless otherwise agreed. Parties shall be individually responsible for their own costs.

Collection and Disbursement of Fees

Upon termination of the mediation, the Administrator will provide to the parties a statement of expenses and fees. Unless otherwise agreed, any amount remaining of the initial or subsequent deposits will be returned to the parties according to the ratio contributed by the parties. Any balance due or additional fees and expenses will be billed to the parties on the same basis.

Parties and parties’ counsel are jointly and severally liable for all fees and expenses, and responsible for the prompt payment of such fees and expenses. Conifac has the sole responsibility for collecting and disbursing payment to the DR Professional, and retains a portion of the Mediation Fees for its services. Parties agree to pay Conifac within thirty (30) days of their receipt of a final fee and expense invoice. Conifac may assess, and the parties and their counsel agree to pay, additional fees and costs for late payments and for expenses, including its legal expenses and reasonable attorney fees to arbitrate or litigate a case to collect payment.