Mediation Agreement (Page 3 of 7) in pdf

Mediation Agreement Page 3

Mediation Agreement

CONFIDENTIALITY OF THE MEDIATION PROCESS

Any information disclosed during the mediation process by a party or that party’s

15.

representative in private will be treated by the mediator as confidential, unless the party

making the disclosure states otherwise.

16.

The parties and the mediator will not disclose to any person not present at the

mediation any information or document given to them during the mediation, unless

required by law to make such disclosure, or unless permitted or required to do so under

Clause 17 or Clause 21.

17.

A party may disclose information or documents obtained during the mediation to a

person not present at the mediation where that party needs to do so in order to obtain

professional advice or where the person is within that party’s legitimate field of

intimacy. A party disclosing information or documents in these circumstances must

inform the professional advisor or any such person that the information or documents

are confidential.

18.

The parties and the mediator agree that, subject to Clause 21, the following will be

privileged and will not be disclosed, tendered as evidence, or be the subject of a

subpoena to give evidence or produce documents, in any proceedings relating to the

Dispute:

18.1

Any settlement proposal, whether made by a party, person at the mediation or

by the mediator.

18.2

The willingness of a party to consider such a proposal.

18.3

Any statement made by a party, person attending or the mediator during the

mediation.

18.4

Any information or document prepared for or provided during the mediation

process.

19.

If a party produces a document at the mediation that otherwise would be privileged

from production or from admission into evidence, that party does not waive that

privilege by producing the document.

RECORDING OF SETTLEMENTS

20.

If the parties agree to resolve the Dispute, a note of the essential terms of the

settlement must be signed by or on behalf of the parties, before they leave the

mediation.

Mediation Agreement Page 3