Mediation Confidentiality Agreement printable pdf download

MEDIATION CONFIDENTIALITY AGREEMENT

FILE NAME:

_____________________________________

MEDIATOR:

_____________________________________

In order to promote honest and candid communication among the parties and the

mediator, and to facilitate resolution of the dispute, the parties, their counsel and

representative, and the mediator hereby enter into this Confidentiality Agreement.

This Agreement governs all aspects of the mediation process, including those that

pre-date the execution of this Agreement, including, but not limited to, the

selection of a mediator, the convening of the mediation, all phone calls,

correspondence, e-mail and other documents relating to the mediation and the

mediation process, all person to person meetings, site visits, or conferences of any

kind, and any post-mediation communications or conferences relating to the

mediation.

All statements made during the course of the mediation are privileged settlement

discussions, are made without prejudice to any party’s legal position, and are non-

discoverable and inadmissible for any purpose in any later legal or administrative

proceeding whatsoever. However, evidence that is otherwise admissible or

discoverable shall not be rendered inadmissible or non-discoverable as a result of

its disclosure or use during the mediation proceedings.

The privileged character of any information is not altered by disclosure to the

mediator. Disclosure of any records, reports, or other documents received or

prepared for or by the mediator cannot be compelled. The mediator shall not be

subpoenaed or otherwise compelled to testify in any later proceedings, including,

but not limited to civil, criminal, and administrative proceedings, and shall not be

required to produce any notes or documents, as to any aspect of the dispute that

was the subject of the mediation proceedings or was otherwise communicated to

the mediator in confidence.

No aspect of the mediation shall be relied upon or introduced in the evidence in

any legal, administrative or other proceedings, including but not limited to:

(a) views expressed or suggestions made by a party with respect to a

possible settlement of the dispute;

(b) admissions made in the course of the mediation proceedings;

any party, and

(d) the fact that another party had or had not indicated willingness to

accept a proposal for settlement made by the mediator.

Mediation Confidentiality Agreement