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Agreement for Mediation

7. Where the mediator considers that it is not possible or appropriate to continue the mediation, he may terminate the proceedings after sending his unilateral decision on the matter to the parties. 7. Powers: The parties will be present in person at the mediation. Companies shall be represented by a high-level person with resolution authority. Government agencies are represented by a high-level person with conciliation power or, in the case of a government agency such as a school board or selection committee, who cannot send a full contingent, by a member of the government agency who has the power to recommend the approval of a by-law by the committee with the good expectation that the committee will approve the member`s recommendation. In cases audited in any way by insurance companies, a representative of the insurance institution with billing authority shall participate in addition to the insured person. “Settlement Authority” means the ability to access all of the Party`s settlement resources. 4. a) The parties agree that at no time, before, during or after the mediation, shall they have recourse to the mediator or any person associated with the Alternative Dispute Resolution Chambers in judicial or administrative proceedings relating to such dispute. To the extent that they have the right to appoint as witnesses the mediator or a person associated with the Dispute Settlement Chambers, this right shall be waived.

The undersigned parties agree to grant ___ full days for mediation meetings. Sessions begin on ___ No party may disclose statements made by another participant in the mediation. Mediation discussions, written and oral communications, proposals and unsigned settlement agreements are not permitted in court proceedings. Unless approved by the parties, the mediator will not disclose any confidential information disclosed by either party to the mediator. The parties agree not to call the mediator as a witness for mediation or to provide mediation documents in court proceedings. The only circumstances that allow the mediator to violate confidentiality are: (1) if the mediator reasonably believes that another person is likely to cause harm or has a reasonable suspicion of child abuse required by law; (2) if necessary, to defend oneself in court; (3) if the parties jointly waive confidentiality in writing; or (4) as otherwise required by law. The parties hereby authorize the mediator to submit the adr reports requested by the court having jurisdiction over this dispute. 5. Scheduled Mediation Session: The parties will meet for mediation on ___, 2010, beginning with _____ a.m. at the offices of ______ in Vermont. At the end of this mediation meeting, if the matter has not been resolved, the Parties may convene additional meetings.

6. Although all parties intend to continue mediation until a settlement agreement is reached, it is assumed that either party may withdraw from mediation at any time. (12) This Agreement may be performed in return. Below are links to three model written agreements. Each agreement is different and, in some cases, no written agreement is concluded, so these are only for illustrative purposes. For accessibility reasons, the following agreements have been typed, but they are usually written informally by hand and distributed before the parties leave the mediation. The parties agree, in good faith and with a sincere desire, to find a mutually acceptable solution to their disputes with respect to _____ When an agreement is reached, the parties or their counsel will prepare all settlement documents or settlement protocols and all authorizations. Mediators do not have the power to decide a case and do not act as lawyers or counsel for a party. The parties have the right to be represented during the mediation. This is an agreement between the undersigned (the “Parties”) and Tad Powers/Michael Marks of MarksPowers LLP (“Mediator”) to enter into mediation for the purpose of resolving issues related mit_ __.

c) Any person who signs this document, whether or not he or she is a party to the dispute, agrees to be bound by the confidentiality provision of this Agreement. Any person who signs on behalf of a company represents that he or she has the power to bind the company to the confidentiality provisions of this Agreement. There are exceptions to the confidentiality provisions of the law. For example, statements made with all other parties present or documents provided to all parties are not confidential. In unusual circumstances, a judge may also order the disclosure of information that would prevent a manifest injustice, help establish a violation of the law, or prevent harm to public health and safety. In addition, information about fraud and criminal activity or the threat of imminent harm in this mediation will not be considered confidential. b) The parties to this Agreement agree that all notices and documents made in connection with this mediation that cannot be found otherwise will be disclosed without prejudice and will not be used for discovery, cross-examination, trial or otherwise in such or any other proceeding if payment is not made on time, the mediator may, in its sole discretion, perform all work on behalf of the participants, including drafting and/or distributing the participants` agreement, interruption and withdrawal of the mediation. 9. The parties will have lawyers present at the mediation.

The mediator will not legally represent or advise either party and will have no obligation to assert or protect the legal rights and obligations of any party, to address issues not raised by the parties themselves, or to determine who should participate in the mediation. The parties voluntarily agree to mediation. The parties understand that mediation may be terminated at any time by either party or by the mediators. Participants also understand that the mediator may suspend or terminate the mediation if he or she believes that the mediation will lead to an unfair or inappropriate outcome, if he or she believes that an impasse has been reached, or if the mediator determines that he or she can no longer effectively exercise his or her supporting role. (i) the person has signed the mediation agreement; (ii) the information is otherwise public; or (iii) the person to whom the information is disclosed is legal or financial counsel to a Party to this Agreement.6 Mediation Statements: Parties must provide written statements of mediation to the mediator and other parties at least one week prior to the scheduled mediation session […].

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