Mediation Stipulation Agreement

Mediation Stipulation Agreement

This Mediation Stipulation Agreement (the Agreement) is entered into this day of , , by and between Party A Name: , with principal address: ("Party A"), and Party B Name: , with principal address: ("Party B").

Recitals

WHEREAS, Party A and Party B are parties to a dispute described as:

WHEREAS, the parties desire to attempt to resolve their dispute through non‑binding mediation under the terms and conditions set forth herein; and

WHEREAS, the parties wish to memorialize the mediator selection, the allocation of fees and costs, confidentiality obligations, and procedures for conducting the mediation.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement and for other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. Definitions

For purposes of this Agreement: "Mediation" means the process described herein by which a neutral third party, the Mediator, assists the parties in negotiating a voluntary resolution. "Mediator" means the person identified in Section 2. Terms not defined in this Agreement shall be given their plain and ordinary meaning.

2. Appointment of Mediator

The parties appoint Mediator: whose address for service is . The Mediator's hourly or flat fee is: , and reasonable administrative costs and travel expenses shall be allocated as provided in Section 6.

3. Scope and Purpose

The purpose of the Mediation is to attempt to resolve the dispute identified above. The parties agree that Mediation is a settlement‑oriented procedure, not a contested hearing, and that no testimony under oath will be taken, no formal discovery will be conducted in the Mediation proceeding, and the Mediator shall not render a binding decision unless the parties expressly agree in writing to a binding outcome.

4. Confidentiality

All communications, documents, proposals, and materials generated for or exchanged during the Mediation, including notes and work product of the Mediator, shall be confidential and privileged to the fullest extent permitted by applicable law and shall not be used for any purpose other than to attempt to negotiate a settlement. Neither party shall subpoena or seek to compel production of such materials in any judicial or administrative proceeding, except to the extent disclosure is required by law, court order, or where a party demonstrates that disclosure is necessary to enforce a settlement reached under this Agreement.

5. Authority to Settle

Each party represents that it has taken all steps necessary to ensure that the person attending the Mediation on its behalf will have full authority to negotiate and, if required by the party's internal procedures, to recommend settlement terms to the party's decision maker. Final settlement requires formal approval by each party as provided by its internal procedures.

6. Costs and Fees

Unless otherwise agreed in writing, the parties shall bear the Mediator's fees and administrative costs as follows: . Each party shall be responsible for its own attorneys' fees and costs unless otherwise provided in a written settlement.

7. Exchange of Information

Prior to the Mediation, the parties shall exchange relevant documents and a confidential position statement as follows (describe required disclosures or attach schedule):

8. Conduct of Mediation

The Mediator shall set the time and place for sessions and may conduct joint sessions, separate caucuses, or both. The Mediator shall have the authority to set reasonable ground rules for conduct, manage communications between the parties, and terminate the Mediation if any party's conduct materially impedes the process. The Mediator shall not render a decision on the merits unless the parties enter into a separate written agreement consenting to a binding determination.

9. Scheduling; Cancellation; Rescheduling

Mediation is scheduled for the day of , at at location . Any cancellation or rescheduling must be made in writing no fewer than days prior to the scheduled session, except by mutual agreement or emergency.

10. No Admission; Use of Evidence

Participation in the Mediation, any offers of settlement, and any statements made during the Mediation shall not constitute admissions of liability and shall be inadmissible in any proceeding to the fullest extent permitted by law, except to the extent necessary to enforce a written settlement agreement reached between the parties.

11. Enforcement of Settlement

If the parties reach a settlement, the terms shall be reduced to a written settlement agreement signed by the parties. Such settlement agreement shall be a binding contract enforceable in any court of competent jurisdiction, and the parties agree that a court may specifically enforce the settlement terms or enter judgment pursuant to the parties' written stipulation.

12. Notices

Notices to Party A

Notices to Party B

13. Amendments; Waiver; Counterparts

This Agreement may be amended or modified only by a written instrument signed by both parties. The failure of any party to insist upon strict performance of any provision shall not constitute a waiver of that provision. 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.

14. Governing Law; Entire Agreement; Severability

This Agreement shall be governed by and construed in accordance with the laws of the state specified by the parties: . This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions and agreements. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Miscellaneous

The parties acknowledge that they have read and understand this Agreement, have had the opportunity to obtain independent legal advice, and enter into this Agreement voluntarily. The Mediator is not acting as counsel to any party by reason of this appointment.

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