Mediation Agreement Guidelines

Mediation Agreement Guidelines

Recitals

WHEREAS, Client Name: (the "Requesting Party") seeks mediation services; and

WHEREAS, Mediator Name: (the "Mediator") is willing to provide neutral mediation services in accordance with these Guidelines; and

WHEREAS, the parties agree that the mediation will commence on Start Date: and proceed under the terms set forth below.

Scope of Work

The Mediator will conduct facilitative mediation proceedings intended to assist the parties in reaching a voluntary negotiated resolution of their disputes. Services to be provided include pre-mediation case assessment, scheduling and conducting mediation sessions, shuttle diplomacy or joint sessions as appropriate, and preparation of any settlement instrument as agreed by the parties.

Selection and Role of the Mediator

The Mediator is a neutral third party. The parties acknowledge that the Mediator does not represent any party and will not give legal advice. Selection method: Agreed by the parties Appointed from neutral panel

The Mediator may, with the parties' consent, employ private caucuses. The Mediator may terminate the mediation if participation is repeatedly noncompliant, abusive, or if the Mediator concludes the process is no longer productive.

Payment Terms

Total Mediation Fee:

Late fee for overdue amounts: . Unless otherwise agreed in writing, billed fees are due within days of invoice.

Allocation of fees between parties:

Term and Termination

Term Commencement Date: . Expected Termination Date: .

Either party may terminate mediation upon written notice to the other party and the Mediator. Notice period (unless immediate termination for cause): . Termination shall not relieve any party of obligations to pay fees for services rendered prior to termination.

Confidentiality

All communications, statements, positions, offers, and settlement proposals made in the course of mediation are confidential, privileged, and inadmissible in any judicial, administrative or arbitration proceeding, except as otherwise required by law or as necessary to enforce a written settlement agreement signed by the parties. The parties agree that the Mediator will not be subpoenaed to testify about confidential mediation communications.

Exceptions to confidentiality (check if applicable): Disclosure required by court order Disclosure to prevent imminent harm or fraud

Records, Recording and Communications

No party shall record mediation sessions by audio or video device without the express written consent of all parties and the Mediator. The Mediator's notes are the Mediator's work product and remain confidential, except as required by law.

Settlement and Enforceability

Any settlement reached will be reduced to a written agreement signed by the parties. Except as otherwise provided in the signed settlement, nothing in these Guidelines creates an obligation to settle or alters any party's legal rights outside of a signed settlement agreement.

Liability and Indemnification

The Mediator shall not be liable to any party for any act or omission in the course of providing mediation services except for willful misconduct or gross negligence. Parties agree to indemnify and hold the Mediator harmless from claims arising from the parties' conduct or statements during mediation, except to the extent caused by the Mediator's willful misconduct or gross negligence.

Governing Law

This Agreement and all matters arising out of or relating to the mediation shall be governed by the laws of State: , without regard to choice-of-law principles.

Entire Agreement

These Guidelines, together with any signed fee letters or settlement agreements, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations, or agreements, whether written or oral. Any modification must be in writing and signed by the parties and the Mediator.

Miscellaneous Provisions

If any provision of these Guidelines is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. No waiver of any breach shall constitute a waiver of any other or subsequent breach.

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