Template For Mediation Agreement
3. Voluntary: Mediation is voluntary. Any party may, at any time, withdraw or suspend mediation for any reason. In addition, the mediator may suspend or terminate mediation if he or she believes that mediation will result in an unjustified or inappropriate outcome; that the impasse has been reached; or that it can no longer effectively act as an intermediary. For his part, the Ombudsman may continue with one or more parties after the first conclusion of mediation if the Mediator believes that there could be more potential for movement or implementation. 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. 7.
Authority: the parties will be present in person at the mediation. Business units are represented by a senior executive with billing authority. Public authorities are represented by a senior person with resolution power or, in the case of a government authority such as a school board or a “selectboard” that is unable to send a total contingent, a member of the government authority with the authority to recommend in good faith the approval of a transaction by the agency, that the board approves the member`s recommendation. In cases that are controlled in one way or another by insurance agencies, in addition to the insured, a representative of the insurance agency participates with regulatory authority. “implementation authority,” the ability to access the party`s full resolution resources. Participants are jointly responsible for the ombudsman`s fees and expenses. Responsibility for intermediation costs and fees rests solely with participants if payment is not made in a timely manner and may, at its sole discretion, interrupt all work on behalf of the participants, including the drafting and/or distribution of the participants` agreement, and resign from mediation. 1. Appointment and Objectives: With this agreement, the parties designate Tad Powers/Michael Marks as mediator for their negotiations. The parties are aware that the objective of the mediator is to help the parties reach a fair and constructive agreement that resolves their differences in a collaborative, consensual and informed manner. The Mediator is neutral in this quarrel. The mediator himself does not comment on the contentious issues.
The mediator is impartial throughout the mediation process. 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. 9. Litigation: The contracting parties agree not to resort to preventive and contradictory procedures during the conciliation procedure, except in case of emergency. c) Anyone who signs this document, whether or not they are involved in the litigation, accepts the confidentiality agreement.