Mediation and Confidentiality Agreement
Mediation and Confidentiality Agreement
1. The undersigned parties have agreed to attempt to settle their dispute through mediation, using the services of ____________________.
2. The parties understand that mediation is a cooperative process based on factual information and does not assess blame or fault, but serves as an avenue for mutual resolution of their conflict.
3. Mediation is a non-binding process with the sole purpose of helping the parties to reach a resolution to their dispute that is agreeable and acceptable to all parties involved. Once agreement has been reached in mediation, the details of all agreements will be listed in a "Memorandum of Understanding" or “Settlement Agreement,” which should be taken by each party to an attorney for review.
4. In choosing to mediate, we agree that our mediation discussion and materials, except for any final signed settlement agreement, are to be privileged and confidential and not admissible in any subsequent evaluation or contested proceeding between the parties or otherwise. We also agree that the mediator shall not be asked to testify in any such proceeding. The parties will also be prohibited from requiring the production of any records or documents made by the mediator.
5. The only exceptions to the nondisclosure policy are as follows:
a. If all parties to the mediation, including the mediator, agree in writing to allow disclosure;
b. If the mediator reasonably believes that a participant will cause physical harm to another person.
c. Other:
6. The mediator cannot and will not offer any legal advice to any single party. The mediator is an impartial intermediary who may not, and will not, act as an advocate for nor give legal advice to any party. In this regard, if the mediator is an attorney, no attorney-client relationship is created between any party and the mediator.
7. The mediator may, at times, meet privately (referred to as a caucus) with any and all parties in this dispute. The mediator will not disclose any information received in caucus without the permission of the party making disclosure.
8. The mediator will not reveal to third parties information provided by participants without the consent of all participants.
9. The parties are encouraged to disclose all pertinent information about the issues being mediated. If a party desires relevant information from another party, a request may be made for such information. If such requested information is not disclosed, the requesting party may choose to not mediate or the mediator may choose to not mediate. In the event that any of the parties are unsure about the advisability of disclosure of sensitive information, it is suggested that this be discussed with the mediator in private caucus.
10. Since the parties are disclosing sensitive information in reliance upon the provisions of this agreement, any breach of this agreement would cause irreparable injury for which monetary damages may be inadequate. As a result, any party to this agreement may obtain an injunction to prevent disclosure of any such confidential information in violation of this agreement. Any party breaching this agreement shall be liable for and shall indemnify the non-breaching parties and the mediator for all costs, expenses, liabilities and fees, including attorneys' fees and costs, which may be incurred as a result of such breach.
11. A mediation is not a legal proceeding leading to a finding of fault. It is a voluntary negotiation process. Therefore, agreements reached in the mediation process concerning this dispute may differ greatly from the result that may be reached in court. A mediated agreement could be more favorable or less favorable than a decision that a judge or jury may render if this dispute were resolved in court, or by any other dispute resolution process. I agree to hold the mediator harmless from liability based upon a claim that the mediation process failed to provide the same outcome, or an equally advantageous outcome, as could have been obtained in court or in another dispute resolution process.
12. This Agreement is signed before commencement of mediation by each of the parties to the mediation on the dates set forth below.
13. The fee schedule, attached as Exhibit "A" applies to this mediation.
14. My signature following acknowledges that I have the authority to negotiate an settle this matter. I have read and fully understand the terms set forth above in this Agreement to Mediate.
IT IS SO AGREED:
___________________________________________________ ___________________________________________________ Participant (Date) Participant (Date)
___________________________________________________ Mediator
© 1996 The Mediation Center, Inc.
