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Mediation > Agreement To Mediate
 

Mediation Agreement

the undersigned parties, persons, counsel, intending to be legally bound, agree to have mediation services performed by DANIEL R. SALING, Mediator, (hereafter called “Mediator�) in accordance with the following terms and conditions:

  1. The Undersigned parties and their representatives seek to resolve through mediation a dispute identified as _____________________________________________, and they have jointly and severally, retained Mediator to facilitate their settlement negotiations.

  1. Although the Mediator may offer opinions, recommendations, evaluations, or float settlement proposals, Mediator does not act as advocate, representative, fiduciary or counsel for any party and has no authority to make any binding decisions or to compel the making of any agreement.

  1. The participation in the mediation is voluntary; upon notice, the Mediator, any party or their representatives may terminate the participation.

  1. The parties acknowledge that prior to the commencement of the mediation they were provided with an opportunity to have ex parte confidential communications with Mediator including the opportunity to provide confidential written statements or submissions and /or telephone discussions. The parties acknowledge their confidence in the impartiality of the Mediator and in the integrity of the mediation process, notwithstanding the existence of ex parte communications. The parties also acknowledge that Mediator may have served in a neutral capacity in prior matters involving the parties and/or their counsel. It is further understood that fees for mediation services may not be paid equally by all parties.

  1. The mediation constitutes settlement discussions under the applicable rules of evidence, and nothing said or disclosed during the mediation, nor any document produced in the mediation which is not otherwise discoverable, shall be admissible as evidence or usable for impeachment or other purposes in any judicial, arbitration or legal proceedings.  This agreement and the mediation process are intended to comply with all applicable laws in California regarding the mediation process. If impasse is reached, settlement offers and final positions of the parties may not be discussed in any judicial proceedings, including conciliation before a trial court judge, magistrate or special master. No party or participant in the mediation process will call or subpoena Mediator to produce in any civil action, arbitration, or other legal or administrative proceeding of any kind whatsoever, any notes or documents related to the mediation or testify regarding any notes or documents or the Mediator’s thoughts or impressions. If so called or subpoenaed by anyone, Mediator will refuse to so testify or to produce such notes or documents. Should any party of other signatory to this Agreement or any other participant in the mediation process or any non-participating third party, entity, or agency, attempt to compel such testimony or production, party(s) or signatories to this agreement, upon notice from Mediator shall defend and indemnify Mediator and his employees against any liabilities, cost or expenses, including reasonable attorneys’ fees.

  1. The parties agree to divide the cost of the Mediator’s fees and expenses equally unless otherwise agreed to between the parties. Counsels for the parties guarantee payment of such fees and expenses. A fee schedule in attached and is hereby incorporated by reference into this document.

Mediator______________________________________________________________________

Name and Date_________________________________________________________________

Name and Date_________________________________________________________________

Name and Date_________________________________________________________________




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