(b) The parties to this agreement agree that all communications and documents that cannot be found in this mediation are otherwise not found; on a non-prejudice basis, and will not be used in discovery, cross-examination, review or otherwise, in this procedure or any other procedure This is an agreement between the signatories (the “parties”), and Tad Powers/Michael Marks, of MarksPowers LLP (“Mediator”) to go to mediation with the intention of going from problems related to: The parties will have lawyers present at the mediation. The Ombudsman will not legally represent or advise a party and has no obligation to assert or protect a party`s legal rights and obligations, not to address an issue raised by the parties themselves, or to determine who should participate in mediation. 6. Conciliation Declarations: Contracting parties send written mediation statements to the Mediator and other contracting parties at least one week before the scheduled conciliation meeting. The written statements describe the positions of the contracting parties, previous comparative positions and contain all substantive documents (such as briefs, court decisions, contracts or opinions) necessary to enable the mediator to understand the dispute. The parties may also provide the mediator with a private statement (i.e. a statement that is not communicated to other parties) on issues or negotiating positions. 1. Appointment and Objectives: With this agreement, the parties designate Tad Powers/Michael Marks as mediator for their negotiations. The parties are aware that the objective of the mediator is to help the parties reach a fair and constructive agreement that resolves their differences in a collaborative, consensual and informed manner. The Mediator is neutral in this quarrel. The mediator himself does not comment on the contentious issues.
The mediator is impartial throughout the mediation process. (a) The parties to this agreement agree that communications and documents shared in this mediation will not be disclosed to persons who do not participate in this mediation, except: c) anyone who signs this document, whether or not they are involved in the litigation, accept the confidentiality agreement. Anyone who signs on behalf of a company indicates that they have the authority to attach them to the confidentiality provisions of this agreement. If payment is not made on time, the Ombudsman may, at his sole discretion, suspend all work on behalf of the participants, including the drafting and/or distribution of the participants` agreement, and withdraw from mediation. Participants are jointly responsible for the ombudsman`s fees and expenses. Responsibility for intermediation fees and fees rests solely with participants in – There are three standard agreements written at the bottom left. Each agreement is different and, in some cases, no written agreement is reached, so these serve only to illustrate. For accessibility, the following agreements have been established, but they are generally written and distributed informally before the parties leave mediation. 4. Confidentiality: Mediation is a transaction negotiation and will be strictly confidential. No party may disclose the statements of other participants in mediation. Mediation interviews, written and oral communications, proposals and unsigned comparative agreements are not permitted in court proceedings.
Unless the parties are approved, the Ombudsman will not disclose confidential information provided by a part of the Ombudsman. The parties agree not to call the mediator as a witness for mediation or to provide documents from mediation in any legal proceeding.