Mediation Agreement Terms

MEDIATION AGREEMENT TERMS

This Mediation Agreement (the "Agreement") is made as of Effective Date: by and between Participant A: with principal address (hereinafter "Party A"), and Participant B: with principal address (hereinafter "Party B"). Together Party A and Party B are the "Parties."

RECITALS

WHEREAS, the Parties desire to attempt to resolve disputes arising out of or related to their relationship through a private mediation process conducted by a neutral mediator; and

WHEREAS, the Parties have agreed to engage Mediator: , whose qualifications include: , to facilitate a structured negotiation; and

WHEREAS, the Parties intend that the mediation be conducted at Location: on Proposed Date: , or on such other date and place as the Parties may mutually agree.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the Parties agree as follows:

1. DEFINITIONS

1.1 "Mediator" means the neutral individual identified above and any alternate mediator agreed in writing by the Parties. The Mediator shall act as a neutral facilitator and not as an arbitrator or adjudicator.

1.2 "Confidential Information" includes all communications, documents, offers, admissions, statements, notes, and records prepared for or disclosed during the mediation, whether oral, written, electronic, or otherwise, except as expressly provided in this Agreement.

2. APPOINTMENT AND AUTHORITY

2.1 Each Party hereby appoints the Mediator to assist the Parties in negotiating a resolution of their disputes. The Parties acknowledge that the Mediator's role is limited to facilitation and that the Mediator shall have no authority to impose a decision except as set forth in a signed settlement agreement.

2.2 The Parties agree to cooperate in good faith with the Mediator, attend scheduled sessions, and make a sincere effort to reach a resolution.

3. SCOPE AND PROCEDURES

3.1 The mediation shall encompass all disputes identified in Attachment A or otherwise expressly agreed in writing by the Parties. Each Party may present a written position statement and supporting documents prior to the mediation. A brief description of issues to be mediated may be provided here:

3.2 The Mediator may conduct joint sessions, private caucuses, or other procedures the Mediator deems appropriate. The Mediator may suggest terms of settlement but shall not give legal advice to any Party.

4. FEES, COSTS AND PAYMENT

4.1 The Parties shall pay the Mediator's fee at the rate or flat amount agreed below. Mediator Fee: . Additional expenses (travel, facility rental, copying, and administrative charges) shall be reimbursed as incurred.

4.2 Cost Allocation: The Parties agree that costs and fees will be allocated as follows:

Equal split of mediator fees and shared costs

Other (describe):

5. CONFIDENTIALITY

5.1 Except as otherwise provided in this Agreement or required by law, the Parties agree that all mediation communications and Confidential Information are confidential, privileged, and inadmissible in any arbitration, litigation, or administrative proceeding. Confidential Information shall not be disclosed to third parties without the prior written consent of the Party who provided it.

5.2 Notwithstanding the foregoing, confidentiality shall not apply to: (a) information that is or becomes publicly known through no wrongful act of a Party; (b) information independently acquired or developed outside the mediation; (c) communications necessary to enforce a signed settlement agreement; or (d) disclosures required by statute, regulation, or a lawful court order, provided that the Party compelled to disclose gives prompt written notice to the other Party and cooperates in seeking protective measures.

5.3 Each Party acknowledges that the Mediator may be required to disclose certain information under applicable ethical rules or to defend against claims of misconduct. The Mediator shall give notice to the Parties if such disclosure becomes necessary.

6. EXCHANGE OF INFORMATION; PREPARATION

6.1 The Parties shall exchange relevant documents and position statements in advance of the mediation according to the timeline agreed herein: Exchange Deadline: .

6.2 Each Party warrants that any authority exercised by a representative at the mediation will be sufficient to negotiate and recommend a settlement; if required, a Party shall ensure attendance by a person with full settlement authority.

7. SETTLEMENT AGREEMENTS

7.1 Any settlement reached will be reduced to a signed written settlement agreement executed by the authorized representatives of the Parties. Except as otherwise agreed in writing, such signed settlement agreement shall be enforceable as a contract and may be filed with a tribunal to be entered as a judgment.

7.2 The Parties acknowledge that statements made during the mediation are made without prejudice and shall not be used as admissions in subsequent proceedings, except to enforce a written settlement or as otherwise required by applicable law.

8. TERMINATION

8.1 This Agreement may be terminated by mutual written agreement of the Parties, by the Mediator if the Mediator determines that further mediation would be futile, or by any Party upon written notice to the other Party. Termination shall not relieve a Party of obligations to pay fees and costs attributable to services performed prior to termination.

9. LIMITATION OF LIABILITY; NO WAIVER

9.1 The Mediator and any mediation provider shall not be liable to any Party for any act or omission in connection with the mediation except for willful misconduct or gross negligence. The Parties waive any claims for consequential damages against the Mediator arising from mediation services.

9.2 Failure to insist upon strict performance of any term of this Agreement shall not be deemed a waiver of any subsequent default or of the term itself.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of State: without regard to conflict of law principles. The Parties submit to the non-exclusive jurisdiction of the state and federal courts located in that State for purposes of enforcing a written settlement agreement.

11. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be delivered to the addresses set forth below:

12. AMENDMENTS

Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of each Party. No oral statements or representations shall modify this Agreement.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements, whether written or oral, relating to the mediation.

14. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

15. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted electronically shall be valid and binding.

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