Template Of A Mediation Agreement printable pdf download

EMPLATE OF A

EDIATION

GREEMENT

Each of X and Y, (collectively, the Parties and individually, a Party) agree as follows:

Role and Responsibilities of the Mediator

The Mediator is an impartial third party who does not represent either of the Parties. The

Mediator’s role is to help the Parties to negotiate a voluntary settlement of the issues in

dispute between them.

The Mediator does not offer legal advice and has no duty to assert or protect the legal rights

of any Party, to raise any issue not raised by the Parties themselves or to determine who

should participate in the mediation created by this Agreement (the Mediation). The Mediator

has no duty to ensure the enforceability or validity of any settlement agreement reached.

Roles and Responsibilities of the Parties

The Parties voluntarily enter into the Mediation in an attempt to resolve a dispute between

them. The signing of this Agreement is evidence that the Parties intend to conduct this

Mediation in an honest and forthright manner and to make a serious attempt to resolve the

dispute.

The Parties acknowledge that the primary responsibility for resolving the outstanding issues

between them rests with them and not with the Mediator.

The Parties agree to disclose all information pertinent to issues contained within the

mediation, including any necessary financial information.

Indemnity

The Parties agree that the Mediator is not liable for any act or omission in connection with the

Mediation and agree to indemnify and hold the Mediator faultless from any claims for damages that

may arise in any way from the Mediation.

Confidentiality

If the Mediator believes that information disclosed in a private discussion with one Party is

significant to the mediation process, the Mediator may disclose the information to the other

Party unless the Party making the disclosure clearly and specifically states that the disclosure

is confidential.

Other than to the Parties, the Mediator will not voluntarily disclose anything that is said or

takes place in the Mediation, with the following exceptions:

(i) The Mediator may discuss the Mediation and information disclosed therein with a

representative of a Party, except that which is divulged confidentially by one party in a

private meeting with the Mediator.

(ii) The Mediator may disclose non-identifying information for research, educational or

reporting purposes;

Form Mediation Agreement Template

September 2012

Template Of A Mediation Agreement