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The following document is provided as a sample only, since Agreement
to Mediate forms vary slightly by content and form between jurisdictions.
All USA&M affiliated offices utilize an Agreement to Mediate form which
is similar to this in appearance:
The parties to this Agreement wish to work toward a settlement of the above-referenced
claim through the process of mediation conducted by United States Arbitration
& Mediation ("USA&M"). The parties to this Agreement hereby
agree to the following:
1. BINDING PROCESS. Participation in the mediation process is
voluntary, however the parties expressly understand and agree that any agreements
reached as a result of mediation will be binding and should be reviewed
by their attorneys before finalization.
2. MEDIATION FEES. The parties understand that USA&M charges
for all administrative and mediator services provided in this case. All
mediation fees will be pre-collected or billed to the appropriate attorneys
of record or insurance companies, in accordance with the terms of the USA&M
fee schedule. Attorneys are responsible for mediation fees generated on
behalf of their clients.
3. APPOINTMENT OF MEDIATOR. The parties have agreed to the appointment
of ___________________to serve as mediator in this dispute. The parties
understand that the mediator is an independent contractor, and not an agent
or employee of USA&M, and is not serving as the attorney for either
side. The mediator may not have any financial or personal interest in the
outcome of the mediation and must disclose any circumstances which create
a presumption of bias or cause a delay in the mediation process.
4. CONFIDENTIALITY. The parties recognize that mediation proceedings
are settlement negotiations, and that all offers, promises, conduct and
statements, whether written or oral, made in the course of the proceedings,
are inadmissible in any arbitration or court proceeding, to the extent allowed
by applicable state law. The parties agree to not subpoena or otherwise
require the mediator or USA&M employees to testify or produce records,
notes or work product in any future proceedings, and no recording or stenographic
record will be made of the mediation session. Evidence that is otherwise
admissible or discoverable shall not be rendered inadmissible or non-discoverable
as a result of its use in the mediation session. In the event the parties
do reach a settlement agreement, the terms of that settlement will be admissible
in any court or arbitration proceedings required to enforce it, unless the
parties agree otherwise. Information disclosed to the mediator in a private
caucus shall remain confidential unless the party authorizes disclosure.
5. LEGAL REPRESENTATION. All parties recognize that at the mediation
session(s) and at every other point of the proceedings:
neither USA&M nor the mediator will be acting as a legal advisor
or representative for any or all parties;
neither USA&M nor the mediator has a duty to assert, analyze or protect
any party's legal rights or obligations;
neither USA&M nor the mediator will be responsible for drafting or filing
any legal documents; and
neither USA&M nor the mediator guarantees that the mediation session(s)
will result in a settlement of all issues.
6. TERMINATION OF MEDIATION. The mediation process shall be terminated
under any of the following circumstances:
a) by a declaration by the mediator that a settlement has been reached;
b) by a declaration by the mediator that further efforts at mediation are
no longer considered to be worthwhile;
c) by a declaration by any party to the mediation that the proceeding must
be terminated.
7. FINALITY OF AGREEMENTS AND RIGHT TO COUNSEL. All mediation
participants are expressly advised to consult with independent legal counsel
before signing any documents which result from the mediation process. All
parties recognize that any agreements reached during the course of this
mediation will be legally binding.
WE HAVE READ AND UNDERSTOOD THE TERMS OF DOCUMENT AND HEREBY AGREE
TO BE BOUND BY ITS TERMS.
DATED:______________________________.
___________________________________________________
Participant
___________________________________________________
Participant
___________________________________________________
Participant
___________________________________________________
Participant
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