Mediation Confidentiality Agreement (Page 2 of 2) in pdf

The parties further agree that confidentiality does not apply to any executed

settlement document unless the parties explicitly stipulate that the terms of

settlement are to remain confidential. However, should the settlement agreement

be required as proof in a proceeding to enforce the terms of settlement, such

settlement agreement shall no longer have the privilege of confidentiality and may

be introduced into evidence.

Because the parties are disclosing sensitive information in reliance upon this

privilege of confidentiality, any breach of this agreement could cause irreparable

injury for which monetary damages would be inadequate. Consequently, any

party to this agreement may obtain an injunction to prevent disclosure of any such

confidential information in violation of this agreement. Any party breaching this

agreement shall be liable for and shall indemnify the non-breaching parties and

the mediator for all costs, expenses, liabilities, and fees, including attorney’s fees,

which may be incurred as a result of such breach.

The parties fully understand the following with respect to the mediation process:

The mediator is free to meet and communicate separately with each party both

before and during the mediation session. Such private caucuses are very

beneficial in facilitating a resolution of the dispute.

The mediator reserves the right to share information learned in the private

caucuses with the opposing party if the mediator believes that such

information will facilitate a resolution of the dispute. However, should a

party divulge certain information that they do not want the opposing party

to know, such party will clearly inform the mediator that such information

is to be held in strict confidence and not to be shared with the opposition.

The mediator is a neutral party who may not act as an advocate for any

party during the course of the mediation. Though the mediator may freely

express his views to the parties on the legal issues of the dispute and his

suggestion of a settlement proposal if such appears beneficial to the

resolution of the case, he/she does not have an attorney-client relationship

with any of the parties.

All participants in the mediation shall be bound by the terms of this

Agreement and may be required to sign this Agreement as a condition to

his/her participation.

Party A Signature: ___________________

Party B Signature:_______________

Date:

Mediator’s Signature: ___________________

Date:

Mediation Confidentiality Agreement Page 2