Mediation Agreement

MEDIATION AGREEMENT

For good consideration by mutual promises, Susan Thomas and the Parties hereby agree to mediate this legal dispute as follows:

    1. MEDIATION PROCESS: Mediation is a non-adversarial settlement negotiation that can only result in a resolution if all Parties voluntarily agree. Nothing is mandatory in the mediation process.
    2. GOOD FAITH: By signing this agreement, all Parties pledge to cooperate and participate in good faith in all Mediation sessions and to use their best efforts to obtain a mutual agreement.
    3. MEDIATOR’S ROLE: The Mediator will not act as a judge nor as an attorney and will not offer legal advice. The Mediator shall be neutral and only act to facilitate a mutual agreement between the Parties. The Mediator’s opinions, suggestions or advice, if any, shall not be binding on anyone.
    4. CAUCUS: Sometimes, the Mediator may convene a caucus (private meeting) with each Party and their counsel for clarification of issues. Information discussed during the caucus may be confidential between such Party and the Mediator, if confidentiality is requested at the time. Such information will not be shared with the other party, if requested.
    5. CONFIDENTIAL AND PRIVILEGED: All that occurs during the mediation process shall be confidential except as provided by law and shall not be revealed in any subsequent legal proceedings or otherwise. All Parties agree not to institute any action based on the mediation or to subpoena the Mediator to testify or produce any records or do anything, at any future legal proceedings. If any Party does so, they hereby agree to indemnify and hold harmless the Mediator for any liability, expenses and cost, including attorney fees, incurred by the Mediator as a result of such action.
    6. Confidentiality does not extend to threats of bodily harm or injury to another person.
    7. MEDIATION FEES: Mediation fees are billed at an hourly rate of $200/hour. The parties may choose who pays the costs of mediation. The first two hours shall be prepaid before the mediation session begins. The parties will pay in two-hour increments going forward unless other arrangements have been made with the Mediator.

This _________ day of __________________________, 20______.

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Print Name:                                                                                     Print Name:

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Mediator: Susan Thomas