Mediation Agreement Format

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. Neither party shall be bound by anything said or done in mediation other than this Mediation Agreement unless a written agreement is entered into and executed by all necessary parties. (i) the person has signed the mediation agreement; (ii) the information is otherwise public; or (iii) the person to whom the information is disclosed is legal or financial advisor to one of the Parties to this Agreement 2. Legal representation: The mediator does not advise any of the parties and does not represent any of the parties. The parties must appoint their own legal counsel for legal advice. When the mediator makes an assessment on a legal issue or assists in drafting a settlement agreement, that assessment or editorial support is in his or her role as a mediator and does not constitute legal advice to a party or represent a party. a) The parties to this Agreement agree that opinions and documents shared in connection with such mediation shall not be disclosed to persons who are not parties to such mediation unless: 12. This Agreement may be performed in consideration. 9. The parties will have lawyers present at the mediation.

The mediator will not legally represent or advise either party and will have no obligation to assert or protect the legal rights and obligations of any party, to address issues not raised by the parties themselves, or to determine who should participate in the mediation. 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. In most mediation cases, the parties involved reach agreements that help them work together more effectively. 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. There are exceptions to the confidentiality provisions of the law. For example, statements made with all other parties present or documents provided to all parties are not confidential. In unusual circumstances, a judge may also order the disclosure of information that would prevent a manifest injustice, help establish a violation of the law, or prevent harm to public health and safety.

In addition, information about fraud and criminal activity or the threat of imminent harm in this mediation will not be considered confidential. 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. 1. Appointment and Objectives: Under this Agreement, the Parties appoint Tad Powers/Michael Marks as the 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. Mediators do not have the power to decide a case and do not act as lawyers or counsel for a party.

The parties have the right to be represented during the mediation. 4. a) The parties agree that at no time before, during or after the mediation shall they have recourse to the mediator or any person associated with the Alternative Dispute Resolution Chambers in judicial or administrative proceedings relating to this dispute. To the extent that they have the right to appoint as witnesses the mediator or a person associated with the Dispute Settlement Chambers, this right shall be waived. (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. 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.

7. Where the mediator considers that it is not possible or appropriate to continue the mediation, he may terminate the proceedings after notifying the parties of his unilateral decision. 10. Fees: The mediator charges an hourly rate of $250.00 per hour, plus mileage and expenses. The fees are distributed as follows: the plaintiff pays half of the mediator`s fees and the defendant half of the mediator`s fees OR the parties each pay half of the mediator`s fees, unless the parties agree otherwise in writing before the mediation. This is an agreement between the undersigned (the «Parties») and Tad Powers/Michael Marks of MarksPowers LLP («Mediator») to enter into mediation with the intention of resolving issues related mit_ __. (b) The parties to this Agreement agree that all communications and documents made in connection with this mediation that cannot be found elsewhere shall be disclosed without prejudice and shall not be used for discovery, cross-examination, trial or otherwise in connection with this or any other proceeding.4 Confidentiality: Mediation is a settlement hearing and will remain 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. 3. The mediator will not reveal the names of the parties or anything discussed in the mediation, except that the mediator can disclose such information: there are many reasons why you may end up in court, but there is one way to avoid this: mediation is an alternative method of dispute resolution outside of court. You can use a mediation agreement for. Read More f) Notwithstanding the foregoing, this Agreement may be used for mediation and any written agreement entered into and signed by the parties as a result of mediation in any relevant proceeding, unless the parties agree in writing not to do so. 5. Scheduled Mediation Session: The parties will meet for mediation on ____, 2010, beginning with ____ a.m. at the offices of ______ in Vermont.

At the end of this mediation meeting, if the matter has not been resolved, the Parties may convene additional meetings. The parties voluntarily agree to mediation. The parties understand that mediation may be terminated at any time by either party or by the mediators. 10. When an agreement is reached, the parties or their counsel prepare all settlement documents or settlement protocols and authorizations. 3. Voluntary: Mediation is voluntary. Either party may withdraw or suspend mediation at any time and for any reason. In addition, the mediator may suspend or terminate the mediation if he or she believes that the mediation will lead to an unfair or inappropriate outcome; an impasse has been reached; or that it can no longer effectively exercise its supporting role. On his own initiative, the mediator may contact one or more of the parties after the initial conclusion of the mediation if he considers that there may be more possibilities of movement or comparison. Participants are jointly and severally liable for the mediator`s fees and expenses….