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Agreement To Mediate

4. Confidentiality: Mediation is a transaction negotiation and is strictly confidential. No party may disclose the statements of other participants in the mediation. Mediation interviews, written and oral communications, proposals and unsigned settlement agreements are not permitted in any legal proceedings. Unless authorized by the parties, the Mediator shall not disclose confidential information that a party has made available to the Mediator. The parties agree not to ask the Mediator to testify through mediation or to provide documents from mediation in court proceedings. The only circumstances that allow the Ombudsman to breach confidentiality are: (1) if he reasonably believes that another person is in danger of harm or a well-founded suspicion of child abuse required by law; (2) if necessary to defend oneself in court; (3) if the parties jointly waive confidentiality in writing; or (4) as otherwise provided for by law. The parties shall authorise the Mediator to submit ADR reports requested by the competent court in the matter. 10.

When an agreement is reached, the parties or their counsel shall prepare all settlement documents or minutes of settlement and all disclosures. It is agreed between the parties and the Mediator that mediation is strictly confidential. Mediation interviews, draft decisions and unsigned mediation agreements are not permitted in any jurisdiction or other disputed proceedings. Only a negotiated agreement, signed by a party, is thus authorized. The only other exceptions to this confidentiality are that all parties waive confidentiality in writing or in an action brought by a party against the Mediator. The parties agree not to call the Mediator to testify about the mediation or to provide documents from the mediation in the context of legal proceedings between the parties. Mediation is considered by the parties and the Mediator as a settlement negotiation. All parties also understand and agree that the Mediator may have private caucus meetings and discussions with either party, in which case all such meetings and discussions between the Mediator and the caucus party are confidential. The parties agree that ________ _.


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