Agreement to Mediate When you agree to mediate, you agree to the following terms. You will be presented with a copy of the following agreement at the beginning of your first mediation session. This agreement will be signed, and copies will be available to all parties.
Download a copy of the Agreement to Mediate
The Parties are involved in a dispute and wish to attempt to resolve the dispute through mediation using the services of the Mediator.
The Parties agree as follows:
1. Mediation is a voluntary and informal settlement process by which the Parties try to reach a solution that is responsive to their interests. The signing of this document is evidence of the agreement of the Parties to conduct this mediation process in an honest and forthright manner and to make a serious attempt to resolve the outstanding matters.
2. The Mediator agrees to serve as mediator in connection with this matter.
3. The Mediator is a neutral facilitator who will assist the Parties to reach their own settlement. The Mediator does not offer legal advice and has no duty to assert or protect the legal rights of any Party, to raise any issue not raised by the Parties themselves or to determine who should participate in the mediation. The Mediator has no duty to ensure the enforceability or validity of any agreement reached.
4. It is understood that full disclosure of all relevant information is essential to the mediation process. Accordingly, there will be a complete and honest disclosure by each of the Parties to the other and to the Mediator of all relevant information and documents.
5. Each Party shall provide a written summary of no more than five (5) pages summarizing their perspective on the dispute. This summary shall be provided to the Mediator and the other Parties no later than one week prior to the scheduled commencement of the mediation event.
6. The mediation event shall be attended by the Parties and their legal counsel, and such other individuals as each of the Parties may believe would be helpful in resolving this matter; provided that notice of such additional parties shall be provided to the other Parties prior to the commencement of the mediation event. The mediation shall commence at a time, date and location mutually convenient to the Parties and to be arranged by the Parties or their Counsel.
7. The representatives of the Parties have full, unqualified authority to reach a settlement in this matter.
8. The Parties agree that they will not call the Mediator as a witness for any purpose whatsoever. No party will seek access to any documents prepared for or delivered to the Mediator in connection with the mediation including any records or notes of the Mediator.
9. Statements made by any person and documents produced in the mediation and not otherwise discoverable shall not be subject to disclosure through discovery or any other process and shall not be admissible into evidence in any context for any purpose including impeaching credibility.
10. Other than what is stated above, the mediation is a confidential process and the Parties agree to keep all communications and information forming part of this mediation in confidence. The only exception to this is disclosure for purposes of enforcing any settlement agreement reached. The Mediator will not voluntarily disclose to anyone who is not a party to the mediation anything said or done or any materials submitted to the Mediator, except:
10.1 to any person designated or retained by any party, as deemed appropriate or necessary by the Mediator;
10.2 for research or educational purposes on an anonymous basis;
10.3 where ordered to do so by judicial authority or where required to do so by law; or
10.4 where the information suggests an actual or potential threat to human life or safety.
11. Mediation is a voluntary process and may be terminated by any Party to this Agreement at any time and for any reason.
12. The estimated fees and expenses for this mediation and the basis upon which they are calculated are set out in Schedule â€œA". The Parties agree that the fees and expenses of the mediation shall be paid by the Parties equally.
13. The Parties hereby jointly and severally covenant and agree to indemnify and save the Mediator harmless for any and all liability, cost, claims, demands, proceedings and causes of actions, howsoever arising under this Agreement or as a result of the conduct of the mediation and its consequences, provided that the Mediator has carried out his or her duties honestly.
14. This Agreement shall be made and construed in accordance with the laws of _______________________________.
15. This Agreement may be executed by the Parties and the Mediator in separate counterparts each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. This Agreement shall endure to the benefit of and be binding upon the Parties and the Mediator, their heirs, executors, administrators, successors and assigns.