Mediation Confidentiality Agreement {ADR-17}

ADR–17, MEDIATION CONFIDENTIALITY AGREEMENT, RETURN A COPY OF THIS AGREEMENT TO THE ADR PROGRAM OFFICE. DO NOT FILE WITH THE COURT. Consistent with Central District of California L.R. 16-15, General Order 11-10, related Federal Rules of Evidence and to the extent applicable, California Evidence Code Sections 703.5 and 1115-1129, the participants in mediation in the above-captioned case agree that: 1. No written or oral communication made by any party, attorney, mediator or other participant in a mediation in the above-named case may be used for any purpose in any pending or future proceeding unless all parties, including the mediator, so agree. 2. The parties agree that evidence admissible or subject to discovery or disclosure shall not be inadmissible or protected from disclosure solely by reason of its introduction or use in the mediation. Disclosure of information that otherwise is privileged shall not alter its privileged character. 3. The parties shall not subpoena the mediator or any documents submitted to or prepared by the mediator in connection with or during the mediation. The mediator shall not testify voluntarily on behalf of a party. 4. This agreement shall not preclude the reporting of information to the Central District of California ADR Program Office pursuant to General Order 11-10. 5. In an action or proceeding to enforce a settlement, this agreement shall not render inadmissible a written settlement agreement, or a settlement placed on the record, reached as a result of the mediation. www.FormsWorkflow.com