Draft Trems
Neutrality
Mediators Authority
Confidentiality
Legal Advise
Termination
Remuneration
This is an agreement between EMPLOYEE and EMPLOYER jointly referred to as the 'parties', and John Ford, referred to as 'the mediator'. The parties have entered this mediation agreement with the mediator to reach an understanding and consensual agreement of their dispute regarding INSERT DESCRIPTION OF DISPUTE.
1. Neutrality
1.1 The mediator has disclosed interests, reasonably known, which may cause a conflict of interest or bias, and is satisfied that neutrality can be achieved.
1.2 Should the mediator, for any reason feel unable to maintain this standard, the mediator shall withdraw as mediator.
1.3 The parties are satisfied with the neutrality of the mediator. However, if for any reason one or both of the parties is not so satisfied, the mediator shall withdraw as mediator.
2. Mediators Authority
2.1 The mediator does not have authority to impose a particular settlement on the parties, but in facilitating an interest-based negotiation process will attempt to help them reach a satisfactory resolution of their dispute.
2.2 Interest based negotiation requires that the parties cooperate with one another and the mediator to identify the issues which require resolution, and the interests that are important to each party. Any options generated should aim at the satisfaction of both parties' interests. The parties agree to work constructively with the mediator on all stages of the interest-based negotiation process.
3. Confidentiality
3.1 The parties understand that in order for the mediation process to work, open and honest communications are essential. To protect the confidentiality of the proceedings, all written and oral communications of the parties made in the course of the mediation, will be treated as privileged settlement discussions. As such, they shall not be admissible as evidence in any legal, arbitration, administrative, or other proceedings.
3.2 The mediator will not reveal anything discussed in mediation to anyone, except the parties themselves, without the permission of all the parties, unless required to do so by law. Without limiting the scope of this paragraph, the mediator may in the mediators sole discretion,
3.2.1 make a report in respect of alleged child abuse or neglect;
3.2.2 disclose knowledge of any serious hazard, danger or threat that may cause harm to others.
3.3 This agreement to mediate and any written agreement made and signed by the parties as a result of the mediation, shall be admissible, and may be used in any relevant proceeding, unless the parties agree in writing that it may not.
4. Legal Advice
4.1 The mediator will not offer legal advice or counsel to the parties.
5. Termination
5.1 The parties agree to negotiate in good faith, and to continue with mediation until a settlement is reached. Although, mediation is a voluntary process, and any party may withdraw from mediation at any time, the parties agree to first discuss their intention to withdraw in the presence the mediator.
5.2 The mediator may terminate the mediation if,
5.2.1 any party fails to make full disclosure of necessary information, or
5.2.2 reasonably determined further efforts will not contribute to a resolution of the dispute.
5.3 In the event of the mediation being terminated, for whatever reason, all the parties' rights to pursue other available legal options are hereby reserved.
6. Remuneration
6.1 The mediator shall be compensated for the amount of time spent on the case as follows:
6.1.1 for time spent in mediation sessions, $100 per hour,
6.1.2 for time spent outside mediation sessions on research, preparation, document drafting, and telephone calls,
$ 75 per hour.
6.2. The costs of the mediation shall be paid by the employer. Signed by EMPLOYEE, on the ........ day of ................... 2001 Signed by EMPLOYER on the ........ day of .................... 2001 Signed by John Ford, on the ........ day of .................... 2001
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