(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 there are links below to three types of written agreements. Each agreement is different and, in some cases, no written agreement is reached, so these serve only to illustrate. For accessibility, the following agreements have been established, but they are generally written and distributed informally before the parties leave mediation. 10. Fee: The Mediator calculates an hourly rate of $250.00 per hour, plus mile and out-of-pocket fees. Taxes are divided as follows: the plaintiff pays half of the intermediation fee and the defendant pays half of the intermediation fee, or the parties each pay half of the intermediation fee, unless the parties agree to something else in writing before mediation. b) The parties to this agreement agree that all communications and documents produced in this mediation, which cannot otherwise be discovered, will be shared on a non-harm basis and will not be used for discovery, cross-examination, judicial or otherwise, in this proceeding or in any other proceeding.4 Confidentiality: Mediation is a transaction negotiation and will be strictly confidential. No party may disclose the statements of other participants in mediation. Mediation interviews, written and oral communications, proposals and unsigned comparative agreements are not permitted in court proceedings. Unless the parties are approved, the Ombudsman will not disclose confidential information provided by a part of the Ombudsman. The parties agree not to call the mediator as a witness for mediation or to provide documents from mediation in any legal proceeding. The only circumstances that allow the Ombudsman to violate confidentiality are: 1) if he reasonably believes that another person is in danger of harm or has well-founded suspicions of child abuse that the law requires of him; 2) if necessary, to defend itself in all legal actions; 3) where the contracting parties collectively waive confidentiality in writing; or 4) as required by law. The parties authorize the mediator to submit the ADR reports requested by the Court of Appeal.
6. Conciliation Declarations: Contracting parties send written mediation statements to the Mediator and other contracting parties at least one week before the scheduled conciliation meeting. The written statements describe the positions of the contracting parties, previous comparative positions and contain all substantive documents (such as briefs, court decisions, contracts or opinions) necessary to enable the mediator to understand the dispute. The parties may also provide the mediator with a private statement (i.e. a statement that is not communicated to other parties) on issues or negotiating positions. In most mediation cases, the parties involved reach a number of agreements that help them to cooperate better. (i) the person signed the agreement for mediation; (ii) that the information is otherwise public; or (iii) the person to whom the information is disclosed is a legal or financial advisor to a party in this agreement.6 While all parties intend to continue mediation until an agreement is reached, it is likely that each party will be able to withdraw from mediation at any time. 1. Appointment and Objectives: With this agreement, the parties designate Tad Powers/Michael Marks as mediator for their negotiations. The parties are aware that the objective of the mediator is to help the parties reach a fair and constructive agreement that resolves their differences in a collaborative, consensual and informed manner. The Mediator is neutral in this quarrel.