Sample Mediation Agreements

Each party undertakes to fully and honestly disclose all relevant information and writing requested by the Ombudsman, as well as all information requested by another party, when the Ombudsman finds that the disclosure is relevant to mediation interviews. In cases of family mediation, each party undertakes to disclose in full and precisely all income, assets and debts. This is an agreement between ________im following “Ombudsman” to enter into mediation in order to resolve the following issues: ` The parties agree that all messages and documents produced in the context of this mediation, which are otherwise untraceable, will be shared on a non-harm basis and will not be used in discovery, cross-checking, in the courts or by other means, in the context of this mediation or any other procedure. The parties are aware that mediation may be interrupted at any time by one of the parties or by the mediators. 4. a) The parties agree that they will not call the mediator or persons connected to ADR chambers as witnesses in a judicial or administrative proceeding on this appeal at any time, before, during or after mediation. To the extent that they have the right to call as witnesses the Ombudsman or anyone linked to ADR chambers, this right is removed. There are links below to three type written chords. Each agreement is different and, in some cases, no written agreement is reached, so these serve only to illustrate. For accessibility, the following agreements have been established, but they are generally written and distributed informally before the parties leave mediation. Participants are jointly responsible for the ombudsman`s fees and expenses.

Responsibility for intermediation costs and costs is borne only between participants. The parties will have lawyers present at the mediation. The Ombudsman will not legally represent or advise a party and has no obligation to assert or protect a party`s legal rights and obligations, not to address an issue raised by the parties themselves, or to determine who should participate in mediation. This is an agreement between the undersigned (the “parties”) and Tad Powers/Michael Marks of MarksPowers LLP (“Mediator”) to mediate with the intention of resolving issues related to: – The parties agree that the mediator can discuss the mediation process of the parties with any lawyer that each party can retain as an individual counsel. These discussions will not involve negotiations unless the parties tell the Ombudsman that their lawyers have bargaining power. The Ombudsman provides copies of correspondence, draft contracts and written documents to an independent lawyer at the request of a party. 6. Conciliation Declarations: Contracting parties send written mediation statements to the Mediator and other contracting parties at least one week before the scheduled conciliation meeting.

The written statements describe the positions of the contracting parties, previous comparative positions and contain all substantive documents (such as briefs, court decisions, contracts or opinions) necessary to enable the mediator to understand the dispute. The parties may also provide the mediator with a private statement (i.e. a statement that is not communicated to other parties) on issues or negotiating positions. 10. Fee: The Mediator calculates an hourly rate of $250.00 per hour, plus mile and out-of-pocket fees.