Agreement to Mediate


  1. All parties to the mediation agree to act in good faith, in a forthright manner: and make a serious attempt to resolve the matter.
  2. Each party has full authority to follow through on any agreement made at the mediation.
  3. Each party and the mediator acknowledges that:
    1. the mediator is a neutral party and is not and will not act as legal counsel for any party;
    2. the mediator will not disclose information obtained in caucus from one party to another party unless he has permission from the source;
    3. the mediator verifies that he has no interest in the outcome of the case nor is he aware of any circumstances which could raise the likelihood of bias or non-objectivity;
      apportionment of the costs of the mediation will be subject to negotiation at the mediation.  In the event that the parties are unable to agree otherwise, the parties will share equally in
    4. the cost of the mediation;
    5. a mediation is concluded when
      1. All issues are resolved
      2. The mediator determines that the process will not be productive and so advises the participants, or
      3. The first mediation session is completed and there is no agreement to continue;
    6. the mediator may conduct the mediation in any manner he or she considers appropriate to assist the participants to reach a resolution that is timely, fair and cost-effective.
  4. Mediation sessions are confidential settlement negotiations which are inadmissible as evidence in court and are not subject to disclosure in any subsequent proceeding. The parties will not subpoena or otherwise require the mediator to testify or produce records, documents or notes in any subsequent proceedings. The information developed in the mediation will be used solely for the purpose of resolving the matters at issue in the mediation.