Title 7 — Judiciary and Civil Procedure

This Chapter 43A shall be known as and may be cited as the Guam Mediation Chapter.

For purposes of this Chapter 43A, the following terms apply: (a) Mediation means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement. (b) Mediator means a neutral person who cond…

Mediate. An agreement in a writing to settle a controversy by mediation shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.

The mediator or mediators may conduct the mediation proceedings in such a manner as they consider appropriate. Except as otherwise provided in this Chapter 43A, other provisions of this Code, the Guam Rules of Evidence (Title 6 of the Guam Code Annotated), or the Guam Rules of Co…

The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party need not be a member of the legal profession or licensed to practice law in Guam.

Period. Unless otherwise agreed by the parties, the agreement to submit a dispute to mediation shall be deemed an agreement between or among those parties to stay all judicial or arbitral proceedings from the commencement of mediation until the termination of mediation proceeding…

All applicable limitation periods, including periods of prescription, shall be tolled or extended upon the commencement of mediation proceedings to mediate a dispute under this Chapter 43A and all limitation periods shall remain tolled and periods of prescription extended as to a…

Mediation. By submitting to mediation, no party shall be deemed to have waived any rights or remedies which that party would have had if mediation had not been initiated, other than those set forth in any mediation settlement agreement which results from the mediation or as other…

When persons agree to participate in mediation under this Chapter 43A: (a) Evidence of anything said or of any admission made in the course of the mediation is not admissible in evidence, and disclosure of any such evidence shall not be compelled, in any civil or criminal COL4120…

(a) Any writing produced by the mediator shall not be disclosed to the parties, the public, or anyone other than the mediator, unless all parties to the mediation expressly agree otherwise in writing, or disclosure of the writing is otherwise mandated by court rule, local rule or…

(a) Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation consultation shall not be or become inadmissible or protected from disclosure solely by reason of its introduction or use in a mediation or a mediation consultation. (b) This Section d…

Anything said, any admission made, or any writing that is inadmissible, protected from disclosure, and confidential under this Chapter 43A before a mediation ends, shall remain inadmissible, protected from disclosure, and confidential to the same extent after the mediation ends. …

The mediation proceedings may be terminated as to all parties by any of the following: (a) A written declaration of the mediator or mediators, after consultation with the parties, to the effect that further efforts at mediation are no longer justified, on the date of the declarat…

The mediation proceedings may be terminated as to particular parties by either of the following: (a) A written declaration of a party to the other party and the mediator or mediators, if appointed, to the effect that the mediation proceedings shall be terminated as to that partic…

Subject to any contrary agreement between or among the parties, upon termination of the mediation proceedings, the mediator shall fix the costs of the mediation and give written notice thereof to the parties. As used in this Section, ‘costs’ includes only the following: (a) A rea…

Subject to any contrary agreement between or among the parties, the costs referred to in § 43401 shall be borne equally by the parties. All other expenses incurred by a party shall be borne by that party.

Mediation. (a) Any party to a mediation settlement agreement as described in §§ COL412014 43A301(c) and 43A302(b) above, may enforce that mediation settlement agreement at the Superior Court of Guam by filing a motion for summary judgment without filing a complaint, by serving th…

Exception. No person who has served as mediator may act as an arbitrator or as a representative or counsel of a party in any arbitral or judicial proceedings with respect to a dispute that is the subject of the mediation proceedings. No person who has served as a mediator may be …

If a person subpoenas or otherwise seeks to compel a mediator to testify or produce a writing as defined in § 43A102(d), and the court or other adjudicative body determines that the testimony or writing is inadmissible under this Chapter 43A, or protected from disclosure under th…

Mediation.

Neither the mediator or mediators, the parties, nor their representatives shall be subject to service of process on any civil matter while they are present in Guam for the purpose of arranging for or participating in the mediation pursuant to this Chapter 43A.

(a) A mediator, and those acting pursuant to the order or rules of the mediator as his or her employees or agents, shall not be held liable for any COL412014 action performed or omission made in the course of their official duties undertaken pursuant to this Chapter 43A. (b) The …

In the event that any provision of this Chapter 43A conflicts with the provisions of any other Title, Chapter or Section of the Guam Code Annotated, the provisions of this Chapter 43A shall be controlling.

A person serving as a mediator shall comply with the Ethical and Training Standards for Neutrals adopted by the Supreme Court of Guam pursuant to Section 42A309. ---------- COL412014