Voluntary Mediation Agreement
Voluntary Mediation Agreement
In the Matter of the Dispute Between the Following Parties:
_______________________ CLAIMANT
VS.
_______________________ RESPONDENT
This Agreement is entered into by and between the undersigned parties and their counsel for purposes of achieving final resolution of all disputes (or of the following specific issues) involved in or arising from the issues in controversy, to wit: (nature of dispute and/or injuries alleged) ________________________________________________________________________ ________________________________________________________________________
In acknowledgment of the existence of a controversy between and , the undersigned parties hereby voluntarily agree to submit all matters in dispute to Mediation (and stay any legal action on this dispute pending the completion of Mediation efforts).
The parties have designated to serve as the impartial third party to facilitate mediation of this dispute as Mediator.
For purposes of this Mediation, the undersigned further agree as to the following:
1. Time and Place: The Mediation will begin on __________, 19__, at ___ o’clock __ .m., at . The Mediator shall have the authority to adjourn the Mediation and schedule additional sessions as needed to facilitate the resolution of this dispute.
2. Jurisdiction: The Mediation proceedings and the enforcement of any settlement shall be governed by the laws of the State of ____________.
3. Rules of Procedure: The Mediation shall be conducted in accordance with the , which the undersigned parties have received and read and which are incorporated into this agreement by reference and which the undersigned parties agree to follow.
4. Attendance: All parties to this dispute and their counsel (or their duly authorized legal representative with decision making authority) shall attend the Mediation and will remain throughout the mediation process until such time as the parties reach an agreement or the Mediator determines that further negotiation efforts will not be productive (or either party may suspend the Mediation at anytime). Corporate parties must be represented by an agent with the authority to negotiate a binding settlement.
5. Privacy and Confidentiality: The parties agree to maintain the confidentiality of the Mediation with regard to all oral and written communications made or used in connection with the dispute resolution process, and to abide by the provisions of the , unless all parties agree in writing to waive the confidentiality of any matter (and/or the parties agree to treat all mediation proceedings as settlement negotiations and agree that all such settlement discussions shall be inadmissible in a court of law). Furthermore, unless agreed otherwise by the parties in writing, the Mediator shall be bound to the confidentiality of all matters made known to him, as well as to any notes or writings prepared by Mediator. The parties further agree not to subpoena or otherwise require the Mediator to testify or to produce records, notes or work product in any further proceedings. The Mediator shall maintain the privacy of the Mediation. Only persons having a direct interest in the mediation are entitled to attend.
6. Cooperation: The parties agree to cooperate with each other and with the Mediator in a good faith effort to negotiate a prompt and reasonable resolution of this dispute. The parties further agree to permit the opposing parties/or their counsel to make a full presentation of their position to the Mediator without unnecessary interruptions or objections.
7. Administration: It is the preference of the parties that the Mediation not be administered by an independent Mediation agency. The parties hereby agree to assume responsibility for the administration of the Mediation as follows:
8. Mediator’s Role: The Mediator is to serve as an impartial third party in assisting the parties toward settlement of their dispute but may not compel or coerce the parties to enter into a settlement agreement. The Mediator will not render any decision on the merits of the dispute.
9. Mediator’s Fee: The Mediator shall be paid a fee of $__________ per hour not to exceed $____________. This compensation is not contingent upon the success of the Mediation.
10. Hold Harmless: The parties agree to hold harmless and indemnify , as Mediator, for any claims or liability arising out of this Mediation. The parties further agree that the Mediator shall not be liable to any party hereto for any negligence, act or omission in connection with the mediation conducted under this agreement.
AGREED TO and EXECUTED this ______ day of ______________________, 19__ at .
By:____________________________ By:____________________________
Agreement of counsel: [attorneys or legal representatives, if any]
_______________________________ _____________________________ ATTORNEY FOR (Name of Party) ATTORNEY FOR (Name of Party) (Individual Name of Attorney) (Individual Name of Attorney) (State Bar Number) (State Bar Number) (Address) (Address) (Telephone Number) (Telephone Number) (Telecopies (FAX) Number, if any) (Telecopies (FAX) Number, if any)
cc: Mediator
© 1996 The Mediation Center, Inc.
