Effective 2026.
Scope of the practice
I serve as a neutral. I act as mediator and, by agreement, as arbitrator, neutral evaluator, settlement counsel, special master, or facilitator. I do not act as advocate for any party and do not render legal opinions. Counsel for each party retain their advisory roles throughout.
No mediator-client relationship via this site
This website is for informational purposes only. Nothing on the site, no email correspondence, and no use of the inquiry form establishes a mediator-client, attorney-client, or other professional relationship. The first step in any engagement is a conflict check; the second is a signed engagement letter.
Conflict-of-interest checks
I run a conflict check at the inquiry stage. I return inquiries with a conflict-check questionnaire covering parties, related entities, counsel, insurers, and key witnesses. The questionnaire must be completed before substantive discussion of the matter. Where a conflict exists, I decline and notify the inquiring party.
I also disclose, in the engagement letter and on a continuing basis through the engagement, any fact that a reasonable party might consider relevant to my impartiality.
Confidentiality and settlement privilege
Mediation communications conducted under a signed mediation agreement are confidential as a contractual matter. They are also protected by settlement privilege. The privileges that apply depend on the seat and governing law agreed by the parties.
For mediations seated in Canadian common-law jurisdictions, settlement privilege is recognised at common law (see the Supreme Court of Canada in Union Carbide Canada Inc. v. Bombardier Inc., 2014 SCC 35). For mediations seated in the United States, similar protection is provided by Rule 408 of the Federal Rules of Evidence and by analogous statutory privileges in many states, including the Uniform Mediation Act in adopting jurisdictions and California Evidence Code sections 1115 to 1128.
Two narrow categories of communication are not protected: those that disclose an ongoing or threatened crime, and those required to be reported by law (for example, certain child-protection disclosures). These exceptions are addressed in the mediation agreement signed by parties at engagement.
Communications outside engagement
Email, telephone, and social-media communications with me outside an established engagement are not confidential and do not establish a professional relationship. Confidential or privileged content should not be sent through these channels.
Jurisdiction
I am admitted in the jurisdictions listed on the About page.
Where a matter is governed by the law of a jurisdiction in which I am not admitted, parties retain counsel admitted in that jurisdiction. I do not provide legal advice in any jurisdiction.
Mediator’s immunity
The mediation agreement signed at engagement provides for mediator’s immunity from process and from claims arising out of the mediation, to the maximum extent permitted by applicable law. This immunity is standard practice and is not a substitute for the parties’ own counsel.
No subpoena clause
The mediation agreement includes a no-subpoena clause: parties agree not to subpoena the mediator or the mediator’s file in any subsequent proceeding arising out of or related to the matter mediated.
Marketing communications
I do not send marketing or newsletter communications and do not maintain a mailing list. I respond to inquiries in their own thread and add nothing else.
Accessibility
I have designed this site with accessibility in mind: semantic structure, keyboard navigability, sufficient colour contrast, and reduced-motion respect. If you encounter an accessibility barrier, write to Bauchmanmediation@outlook.com and I will address it.
Updates
I update these notices to reflect changes in applicable law or in the tools I use. The "Effective" date above changes when they do.