Fill and Sign the Mediation Agreement Template Form

Mediation Agreement Mediation Agreement made on       day of       , 20       , between       , of       , (Name of Mediator) (Street Address, City, County, State, Zip Code) hereinafter called the Mediator ,       of (Name of John Doe )       , and       , (Street Address, City, County, State, Zip Code) (Name of John Smith )       ; (Street Address, City, County, State, Zip Code) Whereas, the Parties are involved in a dispute which they wish to submit to mediation; and Whereas, Mediation is a structured problem solving process in which a neutral, impartial third person or persons assist the Parties to the dispute to reach a voluntary agreement to resolve the dispute; and Whereas, the Mediator facilitates the negotiations, but does not impose his or her views of what the agreement should be. Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: 1. Conduct of Mediation. M ediation process is voluntary and nonbinding. Any Party may withdraw at any time by notifying the Mediator and the other Party or Parties in writing of its intent to withdraw. While participating in mediation, each Party agrees to make a good faith attempt to settle this dispute through mediation, to cooperate with the Mediator, and to be open, candid and complete in its efforts to resolve the dispute. 2. Designation of Mediator. The Parties have designated       (Name of Mediator) to mediate this dispute. A different Mediator or Mediators may be assigned if a Party advises the Mediator of circumstances which would cause reasonable doubt regarding the impartiality of the Mediator. 3. Compensation of Mediator. The Parties agree that the Mediator shall be compensated at a rate of $       per hour for mediation services. Mediator shall be paid a retainer for       ho urs. The retainer shall be paid by the Parties who will each deposit (e.g., five) $       with the Mediator as a retainer. The retainer will be deposited in the Mediator's escrow account and shall be withdrawn as earned. The Mediator's escrow is an interest bearing account; the Parties agree that the Mediator shall be entitled to keep the interest. The Mediator will be compensated at the hourly rate for preparation time before and during the process, for time spent with the Parties or their attorneys in joint or separate sessions and contacts, and for drafting agreements or memoranda recording the agreements reached between the Parties. Mediation Agreement Page 1 of 3 4. Mediation Process. The Mediator will control the procedural aspects of the mediation. There will be no direct communication between the Parties or between their attorneys without the concurrence of the Mediator. The Mediator will be free to meet and communicate separately with each Party. The Mediator will decide when to hold joint or separate meetings with the Parties and shall, in consultation with the Parties, fix the time, place and agenda for each session. Efforts to reach a settlement will continue until: A. A settlement is reached; B. One of the Parties withdraws from the process; or C. The Mediator concludes and informs the Parties that further efforts would not be useful. 5. Submission of Information. Each Party will submit to the Mediator any material and information as it deems necessary to familiarize the Mediator with the dispute. Submissions may be made in writing and orally. The Mediator may request any Party to provide clarification and additional information. The Mediator may request each Party, separately or at a joint meeting, to present its case informally to the Mediator. The mediation process will be confidential. The Parties and the Mediator will not disclose information regarding the process to third Parties, including, but not limited to, settlement terms or, in case of impasse, the reason for the impasse, unless the Parties otherwise agree. The Mediator may not be called to testify as a witness, consultant or expert in any pending or future action relating to the subject matter of the mediation, including those between persons not Parties to the mediation. No Party may seek to introduce, for any purpose, evidence of a statement or of conduct during mediation at any trial or hearing that may later be held between the Parties. The Mediator will not transmit information given to him or her by any Party to another Party, if requested not to do so. 6. Attorney Representation. Each Party may be represented by an attorney and other representatives, provided that at least one representative of each Party is authorized to negotiate a settlement of the dispute and, provided that that representative participates throughout the mediation process . If attorneys and principals are participating, the Mediator, after consultation with the participants, may conduct sessions with just the principals, just the attorneys, or both principals and attorneys present. 7. Disclaimer of Legal Service. Mediator will not provide legal advice or legal representation for any Party. All Parties are expected and encouraged to retain their own legal counsel and to withhold final approval of an agreement until they are advised by their counsel. 8. Expert Assistance. Mediator may obtain assistance and independent expert advice at the expense of the Parties. Experts shall be bound and protected by the same rules of confidentiality as those which apply to the Mediator and the Parties. 9. Court Proceedings. All Parties will refrain from court proceedings during the mediation process if they can do so without prejudicing their legal rights. If litigation is already pending between the Parties regarding the subject matter of the mediation, the Parties may agree to inform the court of the mediation process and request a stay of court proceedings. Insofar as possible, discovery will be suspended while mediation is ongoing. Mediation Agreement Page 2 of 3 10. Final Proposal. If the Parties should fail to develop mutually acceptable settlement terms, the Mediator may, before terminating the procedure, submit to the Parties a final settlement proposal which he or she considers equitable to all Parties. The Parties will carefully consider any such proposal, and at the request of the Mediator will discuss the proposal with him or her. 11. Settlement Agreement. If a settlement is reached, the Parties, or the Mediator if requested by the Parties, will draft a written settlement document incorporating all settlement terms. This draft will be reviewed by the Parties and their attorneys, and, if acceptable, formally executed. 12. Modification. Additional rules and procedures for the mediation may be negotiated and agreed upon by the Mediator and the Parties at any time during the mediation process. 13. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 15. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. (Signature of Mediator)       (Printed Name of Mediator) (Signature of John Doe)       (Printed Name of John Doe) (Signature of John Smith)       (Printed Name of John Smith) Mediation Agreement Page 3 of 3