CONFIDENTIALITY AGREEMENT
CASE NUMBER:
1. The parties agree to participate voluntarily in mediation in an effort to resolve the issue in dispute for which the services of a professional mediator have been engaged. Recording of the mediation is not permitted.
2. The parties’ and any person in the presence of the mediation agree that all matters discussed during the mediation are confidential, unless otherwise discoverable, and cannot be used as evidence in any subsequent administrative or judicial proceeding. Confidentiality, however, will not extend to threats of imminent physical harm or incidents of actual violence that occur during the mediation.
3. Any communications between the mediator and the parties, individually or collectively are considered dispute resolution communications with an independent neutral and will be kept confidential.
4. a. The parties agree not to subpoena the mediator or compel the mediator to produce any documents provided by a party in any pending or future administrative or judicial proceeding.
b. The mediator will not voluntarily testify on behalf of a party in any pending or future administrative or judicial proceeding.
c. The parties further agree that the mediator will be held harmless from any claim arising from the mediation process, the mediator’s advance administrative processes and preparations for mediation.
d. In the event that a Court disregards 4 (d) above, any financial Judgment obtained against the mediator pertaining to or resulting from the provision of mediation services shall be limited to a nominal value of one U.S. dollar.
5. All information provided to the mediator or created by any person in attendance during the mediation including all notes, records, or documents generated during the course of the mediation shall be destroyed at the conclusion of the session excepting any executed written settlement agreement resulting from the mediation.
6. A settlement reached by all of the parties shall be reduced to a written agreement that when signed shall be binding upon all parties to the agreement and enforceable by any Court. A written settlement agreement nullifies any present or future parallel litigation of the same issue in dispute. If the issue of this case is not resolved through mediation, it is understood by the parties that the issue may at the option of any party be pursued through civil litigation.
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COMPLAINANT DATE RESPONDENT DATE
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COMPLAINANT DATE RESPONDENT DATE
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DATE MEDIATOR DATE
