What Is An Agreement To Mediate
- Posted on October 15, 2021
- in Uncategorized
- by admin
This is an agreement between the undersigned (the “Parties”) and Tad Powers/Michael Marks of MarksPowers LLP (“Mediator”), a mediation with the intention of entering into mediation with the intention of entering into issues related to: _ cross-examination, trial or otherwise used in these or any other proceedings The parties designate and retain the services of James C. Melamed, J.D., lawyer, as mediator. The parties understand that mediation is an agreement process in which the mediator helps the parties reach an agreement in a collaborative and informed manner. For greater added respect, the mediator does not have the power to decide the parties` questions. The parties understand that mediation is not a substitute for independent legal advice. Parties are encouraged to seek such advice throughout the mediation process and it is recommended that they obtain an independent legal review of a formal negotiated agreement before signing this agreement. The parties understand that the mediator is required to work on behalf of all parties and that the mediator cannot provide individual legal advice to any party and will not perform any therapy or mediation as part of the mediation. (6) Although all parties intend to continue the mediation until an agreement is reached, it is presumed that either party may withdraw from the mediation at any time. A payment of _____ $ for the mediator`s fees and expenses must be paid to the mediator at the same time as the signing of this agreement.
Any unpaid amount of these withholding fees will be refunded to the parties. The parties are jointly and severally liable for the mediator`s fees and expenses. It is only between the parties that the costs and costs of mediation are charged: __ No party may disclose statements made by other participants in the mediation. Mediation discussions, written and oral communications, proposals and unsigned settlement agreements are not permitted in court proceedings. Unless approved by the parties, the mediator will not disclose any confidential information that a party has provided to the mediator. The parties agree not to ask the mediator to testify about mediation or to provide mediation documents in court proceedings. The only circumstances that allow the mediator to violate confidentiality are: (1) if the mediator reasonably assumes that another person is likely to be harmed or has a reasonable suspicion of child abuse that the law requires of the mediator; (2) if necessary, to defend oneself in court; (3) if the parties jointly waive confidentiality in writing; or (4) as otherwise required by law. The parties hereby authorize the mediator to submit the ADR reports requested by the court competent for this dispute.
The parties agree that the mediator may discuss the mediation process of the parties with any counsel that each party may appoint as individual counsel. Such discussions shall not involve negotiations unless the parties inform the mediator that their lawyer(s) have bargaining power […].