Mediation Guidelines

Style: ______________________ Civil Action File # _____________________________ MEDIATION GUIDELINES 1. The parties understand that the purpose of the mediation is to find a mutually acceptable resolution of the issues they bring to each session. The mediator will lead negotiations to assist in developing a settlement that is acceptable to the parties. The mediator does not make decisions for the parties. The mediator will not offer legal, financial or therapeutic advice to any of the parties. The parties are encouraged to seek such advice independent of the mediation. 2. For mediation to be successful, open and honest communication, negotiations and statements are essential. By signing this agreement, the parties agree to make complete and accurate disclosure of all matters relevant to the process of settlement. This includes providing each party and the mediator with all relevant information which would be available in the discovery process in a legal proceeding. If a party deliberately withholds information or supplies false information relevant to the settlement, then the agreement reached in mediation may be set aside. 3. Information gathered in the mediation processis c onfidential. Any statement made during a court-annexed or court-referred mediation or case evaluation or early neutral evaluation conference is confidential, not subject to disclosure, may not be disclosed by the mediator, and may not be used as evidence in any subsequent administrative or judicial proceeding. Confidential matters disclosed in a private eeting or caucus m with one party will not be divulged to the other party without the consent of the party making the disclosure. 4. Nothing in this agreement shall be construed to prevent or excuse the mediator from reporting such crimes, imminent threats of bodily irnyju or abuse to a child or another person. 5. By signing this agreement, all parties acknowledge they are under court order from the __________________ County _________________ Court, to mediate. All agree to participate, in good faith, in each scheduled mediation session. All parties agree to work toward resolution of the issues. If an agreement is reached, all parties will have ten (10) days to have it reviewed by their respective attornes. Should it be impossible, howy ever, to reach an agreement through mediation, the case willen proceed in a r th egular fashion through the court process. 6. I understand that payment of the mediator shall be at the time services are rendered at the rate of $___________ per hour. 7. The parties will not hold the court, the mediation staff, or the mediator liable for the results of the mediation. The parties understand the mediation is a confidential settlement conference. Therefore, the parties hereby agree not to subpoena the mediator, mediation staff, or court designee to testify in court in any subsequent court action. Likewise, they agree not to subpoena any documents resulting from the mediation. <<<<<<<<<********>>>>>>>>>>>>> 2 I have read (or been read) and understand the above guidelines for mediation. _____________________________________ _________________________ Signature Date _____________________________________ _________________________ Counsel* D ate _____________________________________ _________________________ Signature Date _____________________________________ _________________________ Counsel* D ate ____________________________________ ________________________ Mediators Signature Date ____________________________________ Mediators Printed Name ____________________________________ ________________________ Mediators Signature Date ____________________________________ Mediators Printed Name ___________________________, an observer of this mediation, agree to the terms of confidentiality in this agreement. ____________________________________ ________________________ Observer Date