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Sample of Mediation Agreement

7. The mediator may exercise his discretion to terminate the mediation at any time if he finds that the parties are at an impasse. Either party may terminate the mediation at any time for any reason or without giving reasons. In most mediation cases, the parties involved reach agreements that help them work together more effectively. If payment is not made on time, the Mediator may, in its sole discretion, suspend any work on behalf of the Participants, including the preparation and/or distribution of the Participant Agreement, and withdraw from the mediation. c) Any person who signs this document, whether or not he or she is a party to the dispute, agrees to be bound by the confidentiality provision of this Agreement. Any person who signs on behalf of a company represents that he or she has the power to bind the company to the confidentiality provisions of this Agreement. The parties voluntarily agree to mediation. The parties understand that mediation may be terminated at any time by either party or by the mediators.

This mediation is governed by the confidentiality provisions of the Administrative Dispute Resolution Act. ADR law focuses mainly on the protection of private communications between the parties and the mediator. In general, the oral communications of the parties to the mediator are protected during mediation. The same applies to written communications that prepare the parties for mediation and only give them to the mediator. 3. Mediation is impartial negotiation. All communications and documents provided and transmitted in preparation for mediation and mediation are treated “without prejudice”. No information or document provided during mediation or for the purposes of mediation may be used for any other purpose, including discovery, cross-examination, in an affidavit or arbitration, or in a hearing, except where possible. The parties agree that they will not subpoena, subpoena or request access to documents prepared in the mediation, including the mediator`s notes and records. The mediator may not be called as a witness by any of the parties to the proceedings. 1.

Appointment and Objectives: Under this Agreement, the Parties designate Tad Powers/Michael Marks as their mediator for their negotiations. The parties understand that the mediator`s objective is to help the parties reach a fair and constructive agreement that resolves their dispute(s) in a cooperative, consensual and informed manner. The mediator is neutral in this dispute. The Ombudsman himself does not rule on the issues at issue. The mediator must be impartial throughout the mediation process and after the mediation process. 6. Although all parties intend to continue mediation until a settlement agreement is reached, it is assumed that either party may withdraw from mediation at any time. 4. Confidentiality: Mediation is a settlement negotiation and remains strictly confidential. No party may disclose statements made by another participant in the mediation. Mediation discussions, written and oral communications, proposals and unsigned settlement agreements are not permitted in court proceedings.

Unless approved by the parties, the mediator will not disclose any confidential information disclosed by either party to the mediator. The parties agree not to call the mediator as a witness for mediation or to provide mediation documents in court proceedings. The only circumstances that allow the mediator to violate confidentiality are: (1) if the mediator reasonably believes that another person is likely to cause harm or has a reasonable suspicion of child abuse required by law; (2) if necessary, to defend oneself in court; (3) if the parties jointly waive confidentiality in writing; or (4) as otherwise required by law. The parties hereby authorize the mediator to submit the adr reports requested by the court having jurisdiction over this dispute. 6. Mediation Statements: The parties shall submit written mediation statements to the mediator and the other parties at least one week before the scheduled mediation meeting. Written statements describe the views of the parties, previous settlement positions and contain all the basic documents (such as pleadings, court decisions, contracts or expert reports) necessary for the mediator to understand the dispute. The parties may also provide the mediator with a private statement (i.e., a statement not provided to the other parties) on issues or negotiating positions. f) Notwithstanding the foregoing, this Mediation Agreement and any written agreement entered into and signed by the parties as a result of the Mediation may be used in any relevant proceedings, unless the parties enter into a written agreement not to do so. (d) Any party who summons the mediator as a witness, issues a subpoena against the mediator or requests the mediator to provide evidence waives its right to invoke and enforce the confidentiality provisions of this Agreement against the mediator. 10. When an agreement is reached, the parties or their counsel prepare all settlement documents or settlement protocols and authorizations.

8. The parties and their counsel acknowledge and agree that they are jointly and severally liable and are liable for their respective share of the mediator`s fees and all costs incurred by the mediator in connection with the mediation, unless they agree otherwise in the mediation process. Fees and expenses are those published from time to time by the Mediator on his website. .