1. Appointment and Objectives: With this agreement, the parties designate Tad Powers/Michael Marks as mediator for their negotiations. The parties are aware that the objective of the mediator is to help the parties reach a fair and constructive agreement that resolves their differences in a collaborative, consensual and informed manner. The Mediator is neutral in this quarrel. The mediator himself does not comment on the contentious issues. The mediator is impartial throughout the mediation process. 3. Voluntary: Mediation is voluntary. Any party may, at any time, withdraw or suspend mediation for any reason. In addition, the mediator may suspend or terminate mediation if he or she believes that mediation will result in an unjustified or inappropriate outcome; that the impasse has been reached; or that it can no longer effectively act as an intermediary. For his part, the Ombudsman may continue with one or more parties after the first conclusion of mediation if the Mediator believes that there could be more potential for movement or implementation. 4.
a) The parties agree that they will not call the mediator or persons connected to ADR chambers as witnesses in a judicial or administrative proceeding on this appeal at any time, before, during or after mediation. To the extent that they have the right to call as witnesses the Ombudsman or anyone linked to ADR chambers, this right is removed. 6. Conciliation Declarations: Contracting parties send written mediation statements to the Mediator and other contracting parties at least one week before the scheduled conciliation meeting. The written statements describe the positions of the contracting parties, previous comparative positions and contain all substantive documents (such as briefs, court decisions, contracts or opinions) necessary to enable the mediator to understand the dispute. The parties may also provide the mediator with a private statement (i.e. a statement that is not communicated to other parties) on issues or negotiating positions. (i) the person signed the agreement for mediation; (ii) that the information is otherwise public; or (iii) the person to whom the information is disclosed is legal or financial counsel to a party to this agreement (a) The parties agree that communications and documents that are shared in this mediation are not disclosed to persons who do not participate in this mediation, unless these agreements are generally a brief summary of important issues on which the parties have agreed and use the parties` own words to indicate how they have decided to move forward. Agreements are absolutely confidential and can be used to jog people`s memories when they return to work. As agreements are confidential, they are not legally binding and cannot be mentioned in future proceedings.
2. Legal representation: the mediator does not advise any of the parties and does not represent any of the parties. Parties must maintain their own legal assistance for legal advice. When the Ombudsman presents an assessment of a question of law or assistance in the development of a transaction agreement, this assessment or editorial support is inherent in his or her role as mediator and does not constitute legal advice for a party or a representative of a party. 5. Planned Mediation Meeting: The contracting parties meet for mediation on 2010, starting with `a.m in the offices of `At the end of this conciliation meeting, if the matter is not resolved, the parties may hold additional meetings. If payment is not made on time, the Ombudsman may, at his sole discretion, suspend all work on behalf of the participants, including the drafting and/or distribution of the participants` agreement, and withdraw from mediation. (d) Any party who calls the Ombudsman as a witness, issues a summons to appear against the Ombudsman or requests the production of the Ombudsman renounces his right to rely on and enforce the confidentiality provisions of that agreement, contrary to the Mediator.