Fill and Sign the Adr Agreement to Mediate Oregon Department of Justice Form

Mediation Agreement between Private Parties Mediation agreement made ________________ (date), between __________________ (name of first party), hereinafter called First Party, of _________________________________ _______________________________________________ (address of first party), and___________________ (name of second party), of __________________________________ ____________________________________________ (address of second party), hereinafter called Second Party, said First Party and Second Party being jointly referred to as the Parties, and _____________________ (name of first mediator) of ____________________________ ______________________________________________________ (address of Mediator) (the Mediator). Whereas, the Parties have entered into mediation with the Mediator with the intention of reaching a consensual settlement of their dispute regarding (set forth circumstances of dispute) ____________________________________________________________________ _______________________________________________________________________________________________________________________________________________________; The Parties and the Mediator agree as follows: 1. NeutralityThe Mediator is a neutral facilitator who will assist the Parties to reach their own settlement. He will not make decisions about "right" or "wrong" or tell the Parties what to do. 2. No Legal AdviceThe Mediator does not offer legal advice nor does he provide legal counsel. Each Party is advised to retain his or her own attorney in order to be properly counseled about his or her legal interests, rights and obligations. 3. ConfidentialityThe Parties understand that in order for mediation to work, open and honest communications are essential. Accordingly, all written and oral communications, negotiations and statements made in the course of mediation will be treated as privileged settlement discussions and are absolutely confidential. To this end the parties agree that: A. The Mediator will not reveal anything discussed in mediation without the permission of both Parties. B. The Parties agree that they will not at any time, before, during, or after mediation, call the Mediator or any
Other person to discuss any part of this mediation. C. During and after mediation, neither party may discuss, nor disclose during or after mediation any information that is privileged or confidential, except with the prior consent of the mediator. Each party will cooperate fully with the mediator and the mediator will be bound by the same confidentiality and privilege constraints as the parties themselves. 4. Confidentiality of the mediator's notes (a) the mediator's notes should be considered privileged communications (b) the notes prepared by the mediator (not the parties) will be given to the parties as soon as the mediator is ready to share them with them. A copy of the notes will be given to both parties within 5 business days of the end of the mediation period. 5. The process(s) of the mediation the mediator will assist the parties, at their own pace, to try all available alternatives to reaching a mutually acceptable resolution of their dispute. A summary of the mediation proceedings, including the contents of the notes, will be made by the mediator within 20 business days of the end of the mediation period. 6. Results and recommendations of the mediation a summary of the results and suggestions for resolving their dispute will be prepared by the mediator within 10 business days of the mediation. These will include: recommendation regarding the mediator(s) (if any) involved in the process and/or the result of the mediation (if any) and whether mediation was successful (if the parties agree to mediation); and recommendation for the parties, if they agree to any of the mediation results. 7. Dispute resolution the parties will be able to discuss the mediator's report with the mediator at the end of the mediation and, unless they have changed their minds after their report is received, the parties will not, at any point, require mediation or any review of the documents prepared by the mediator prior to mediation, at the time of or after any discussions about an agreement to mediation. 8. Mediation agreement the mediator's mediation agreement must be signed by the parties prior to the initiation of the process in order to formalize the process. Such agreement must specify that the mediator will not make, nor do any work for, any third party and will not obtain any payment from any other party other than direct monies paid directly to the mediator. Each party's mediation agreement must contain a statement that it is not a binding contract on either party with the obligation to pay the other party in full or, if there is.