Facilitator Authority and Role
(1)The facilitator has no authority to impose a settlement on the grantor or the beneficiary or to render any decisions on any substantive issue or to make any legal determinations.
(2)The facilitator and the service provider may rely on assertions made in the documents provided by the parties and need not make an independent inquiry.
(3)The facilitator shall:
(a)Act as an impartial intermediary and not as an advocate for the beneficiary or the grantor;
(b)Make appropriate disclosures to the parties about the facilitator’s skills and the specific resolution conference approaches the facilitator uses;
(c)Support the ability of the parties to make informed decisions regarding the resolution conference process and outcomes by ensuring that parties are provided with information regarding the resolution conference process and that relevant documents are available to the parties;
(d)Conduct resolution conferences fairly, diligently, even-handedly, and with no personal stake in the outcome;
(e)Avoid actual, potential, or perceived conflicts of interest that can arise from a facilitator’s relationship or experience that reasonably raise a question about the facilitator’s impartiality;
(f)Affirmatively disclose to the service provider and the parties any actual, potential or perceived conflicts of interest that could raise a question about the facilitator’s impartiality;
(g)Where a party, the facilitator or the service provider questions the facilitator’s ability to act impartially, and the issue cannot be resolved to the satisfaction of the questioner, the facilitator shall decline to serve or withdraw if already serving as the facilitator in a particular resolution conference. Having questioned a facilitator’s impartiality, and that facilitator having declined to serve, the ability of a party to exclude any subsequent facilitator shall be at the discretion of the service provider;
(h)Not engage in any other services, other than the resolution conference, for any of the parties involving the same or significantly related issues, unless the parties agree in writing; and
(i)Preserve the grantor’s and the beneficiary’s desired levels of confidentiality.
Rule 137-110-0600 — Facilitator Authority and Role,