Agreement to Mediate

NOTE: This document is provided for reference only. It includes many of the issues central to agreement to mediate, but is not offered as a universal model. Mediators are encouraged to develop agreements with advice of counsel familiar with local laws, regulations, and guidelines.

 
Agreement to Participate

 
I understand and agree that my participation in this mediation process is voluntary. The mediator will serve to assist the primary parties in reaching their own agreement. S/he will not make decisions about “right” or “wrong” or tell the parties what to do.

 
I understand that the mediator does not offer legal advice nor does s/he provide legal counsel.

 
I understand that, in order for the process to work, open and honest communication is essential.

 
Accordingly, all communications made in the course of this process will be treated by the mediator as privileged discussions and are held in confidence by the mediator to the full extent allowed by law and regulation.

 
The mediator will not reveal anything discussed in mediation without the permission of both parties unless legally compelled to do so. It is understood that s/he is not required to maintain confidentiality if either party is in danger of bodily harm, or if either party reveals the intention to engage in unlawful activity.

 
The parties agree that they will not at any time during or after mediation call the mediator as a witness, or attempt to use any documents produced in this process, in any legal or judicial proceeding concerning this dispute. The parties also agree that statements made/documents produced in this process will not be admissible in any legal or administrative proceedings.  Both parties intend to continue with mediation until an agreement is reached, but it is understood that  either or both parties may withdraw from mediation at any time. It is agreed that, if one or both parties decide to withdraw from mediation, best efforts will be made to discuss this decision with all other parties and the mediator. If the mediator determines that it is not possible to resolve the issues through mediation, the process can be terminated once this has been conveyed to the parties.

 

When an agreement is reached, the mediator will prepare a summary of notes based on the parties’ discussions and the elements essential to the agreement. Each party is advised to fully review the notes, and to seek review by legal counsel prior to preparing and signing a settlement document.

 
At the conclusion of this mediation, whether through termination by the mediator or a party, or through an agreement, all paper and online records held by the mediator will be destroyed. Responsibility for maintaining confidentiality rests with the parties and the mediator. Paper records and notes held by the parties will be treated as confidential by all parties and the mediator, and information developed online will not be copied or shared.

 
Any online tools used by the mediator will be password protected and encrypted, but the parties acknowledge that information, either on paper or online, is secure only if the parties maintain their promise of confidentiality. The mediator will introduce and discuss any online tools to be used by the parties before the start of mediation.

 
During the mediation, all parties agree to maintain civil discourse, treating all parties and the mediator with courtesy and respect, even in the face of disagreement over the issues.

 
If you have read, understood, and agree to each of the provisions of this agreement, please indicate so by responding to this message with the text, “I accept the terms of the Agreement to Participate.” Please respond no later than (fill in time frame).

 
When all parties have responded affirmatively the mediator will begin the discussion.