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Mediation Agreements Sample

9. 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. 3. Voluntary: Mediation is voluntary. Any party may, at any time, withdraw or suspend mediation for any reason. In addition, the mediator may suspend or terminate mediation if he or she believes that mediation will result in an unjustified or inappropriate outcome; that the impasse has been reached; or that it can no longer effectively act as an intermediary. For his part, the Ombudsman may continue with one or more parties after the first conclusion of mediation if the Mediator believes that there could be more potential for movement or implementation. The parties are aware that the mediator must remain impartial throughout the conciliation process. Therefore, the mediator cannot defend the interests of one party vis-à-vis another party, either in mediation, in a court, or in any other proceeding. (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 mediation, unless the parties agree that the mediator may discuss the parties` mediation process with any lawyer that each party may retain as the right of life. These discussions will not involve negotiations unless the parties tell the Ombudsman that their lawyers have bargaining power. The Ombudsman provides copies of correspondence, draft contracts and written documents to an independent lawyer at the request of a party.

Participants are jointly responsible for the ombudsman`s fees and expenses. The parties understand that it is up to the parties, with the agreement of the mediator, to determine the extent of mediation, and this will be done very early in the mediation process.

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