Sample Agreement

MEDIATION AGREEMENT

The undersigned parties voluntarily agree to mediation before _____________. (the "Mediator") concerning all disputes, claims, or demands arising out of or related to …(the “Dispute”). 

The mediation sessions will begin ____EST  (__) via Zoom  or (__) at the following location:

The parties agree that the undertaking is voluntary and they accept responsibility for any agreement they reach.

The parties have chosen the Mediator. The Mediator and the parties and their counsel confirm that they have no past or present relationship with the Mediator that would influence the Mediator’s impartiality and have disclosed to the other party any relationship with the Mediator that might reasonably give rise to a claim that the Mediator could be biased as to any matters that are subject to this mediation.

Counsel for each party shall promptly exchange documents relating to this matter as agreed upon with each other or the Mediator, as well as all documents that are intended to be referenced in the mediation. If mediator determines that copies of cases, key documents, or position papers are needed in advance, the parties will cooperate in providing what reasonably may assist the Mediator in understanding the dispute in advance of the mediation in sufficient time to review. The parties agree that documents exchanged for purposes of this mediation shall be treated as confidential and shall not be disclosed to anyone other than the parties of record in the Matter, counsel for the parties, persons retained by a party or its counsel to furnish expert services, and the Mediator. Documents exchanged for purposes of this mediation by one party shall be used by any other party only for the mediation and for no other purpose. However, the exchange of documents which were otherwise known to another party does not bestow any privilege that did not heretofore exist.  The Mediator will have authority over all mediation procedural matters.

Counsel for each party agrees to have an individual present at the mediation who has settlement authority consistent with the demand(s) and/or offer(s) in this case, including any insurance carrier if applicable. When an individual having such authority is not available in person, the other parties shall be notified in advance of the mediation. 

Subject to approval by the Mediator, other individuals may attend as needed to contribute to the negotiations.

All parties and counsel agree that the mediation and all negotiations and communications related thereto (whether before or after the in-person session) constitute settlement discussions. Plaintiffs’ counsel shall advise the above identified named plaintiffs/claimants that this mediation is ongoing and each of them shall execute this agreement and be bound by the terms hereof. Further, the Mediator, parties and their counsel shall make no statement of any type or nature, whether written or oral, to the news media, in the social media, or to any other third party regarding the mediation without the prior written consent of all parties, except as required by law. All statements by the parties, their counsel, and the Mediator relating to the mediation, and any documents created for or during these proceedings, are subject to Federal Rule of Evidence 408 and are inadmissible and not discoverable for any purpose, in any pending or subsequent judicial, quasi-judicial, arbitration, or any other proceeding, absent consent of all parties, and absent such consent shall not be disclosed by the Mediator or any party or counsel to the press or otherwise made public. The Mediator will not be subpoenaed or requested to testify by any party or counsel in respect of the mediation without consent of all parties.

Notes and any other materials generated during the conference by the Mediator, the parties, or otherwise in connection with the mediation shall be confidential and will not be subpoenaed by any party. However, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

As to any confidential information provided to the Mediator in respect of this mediation, the party providing such information shall clearly inform the Mediator what statements or documents shall remain confidential, and what may be shared with the other party(ies). Unless otherwise instructed, the Mediator will presume that all such statements and documents may be shared with the opposing party and counsel.

The Mediator shall have the same immunity as judges under federal law, and the parties jointly and severally agree to hold harmless and defend the Mediator in connection with any subpoena or other claims or demands against the Mediator arising out of or in connection with this mediation.

There is no attorney/client relationship between the Mediator and any party or other person in the mediation and the Mediator does not provide legal advice.

Any party may at any time withdraw from the mediation on written notice to all other parties and the Mediator, or the Mediator may declare the mediation at impasse. In the event of such withdrawal or declaration of impasse, each party shall remain responsible for its share of the fees and expenses incurred by the Mediator and remain subject to the other provisions of this agreement.

The counsel signing below represent they have authority to bind their clients to this agreement if the client does not separately sign. 

 The parties agree to promptly pay all the fees and expenses of the mediation at the rate provided on the Mediator’s fee schedule which is available online at the website (www.meeksmediation.com) If there is any dispute between the parties relative to an allocation of responsibility for the Mediator’s fees and/or costs, the fees and/or costs shall be split evenly between each separately represented party , and the parties shall resolve such dispute without the involvement of the Mediator.

Parties may sign duplicates of this agreement and agee to be bound hereby.

This _______________ day of ________________, 202__.

Signatures follow