Mediation Agreement Format

Participants are jointly responsible for the ombudsman`s fees and expenses. Responsibility for intermediation and intermediation costs rests solely with the participants in – All parties declare their intention to enter into mediation through an agreement. However, it is likely that each party may, at any time, withdraw or suspend the mediation process for any reason. 9. The parties will have lawyers present at the mediation. The Ombudsman will not legally represent or advise a party and has no obligation to assert or protect a party`s legal rights and obligations, not to address an issue raised by the parties themselves, or to determine who should participate in mediation. 9. Litigation: The contracting parties agree not to resort to preventive and contradictory procedures during the conciliation procedure, except in case of emergency. Each party undertakes to fully and honestly disclose all relevant information and writing requested by the Ombudsman, as well as all information requested by another party, when the Ombudsman finds that the disclosure is relevant to mediation interviews. In cases of family mediation, each party undertakes to disclose in full and precisely all income, assets and debts. 10. Fee: The Mediator calculates an hourly rate of $250.00 per hour, plus mile and out-of-pocket fees.

Taxes are divided as follows: the plaintiff pays half of the intermediation fee and the defendant pays half of the intermediation fee, or the parties each pay half of the intermediation fee, unless the parties agree to something else in writing before mediation. Between the parties and the Ombudsman, mediation is considered strictly confidential. Mediation talks, draft resolutions and unsigned negotiated agreements are not permitted in any jurisdiction or other contentious proceedings. Only a mediation agreement signed by the parties is thus allowed. The only other exceptions to this confidentiality are when 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 as a witness for mediation or to provide documents from mediation as part of a legal proceeding between the parties.

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