(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 such mediation is subject to the provisions of the Administrative Privacy Dispute Resolution Act. The ADR Act focuses mainly on the protection of private communication between the parties and the Ombudsman. In general, oral communications from the parties to the Ombudsman are protected during mediation. The same applies to written communication parties that prepare for mediation and give only to the mediator. 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. The mediator himself does not comment on the contentious issues.
The mediator is impartial throughout the mediation process. c) Anyone who signs this document, whether or not they are involved in the litigation, accepts the confidentiality agreement. Anyone who signs on behalf of a company indicates that they have the authority to attach them to the confidentiality provisions of this agreement. 12. This contract may be executed in return. The parties voluntarily agree to mediate. The parties are aware that mediation may be interrupted at any time by one of the parties or by the mediators. 6. While all parties intend to continue mediation until a settlement agreement is reached, any party may withdraw from mediation at any time. Each party undertakes to fully and honestly disclose all relevant information and writing requested by the Ombudsman, as well as all information requested by another party, when the Ombudsman finds that the disclosure is relevant to mediation interviews.
In cases of family mediation, each party undertakes to disclose in full and precisely all income, assets and debts. Between the parties and the Ombudsman, mediation is considered strictly confidential. Mediation talks, draft resolutions and unsigned negotiated agreements are not permitted in any jurisdiction or other contentious proceedings. Only a mediation agreement signed by the parties is thus allowed. The only other exceptions to this confidentiality are when all parties waive confidentiality in writing or in an action brought by a party against the Mediator. The parties agree not to call the mediator as a witness for mediation or to provide documents from mediation as part of a legal proceeding between the parties. Mediation is seen by the parties and the mediator as a settlement negotiation. All parties also understand and agree that the Ombudsman may hold private caucus meetings and talks with each party, all of which are confidential meetings and discussions between the Ombudsman and the disputed party. (f) Notwithstanding the above, this agreement may be used for mediation and any written agreement reached and signed by the parties as a result of mediation may be used in any relevant proceeding, unless the parties reach a written agreement on it. 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 or any other proceeding 2.
Legal representation: the Ombudsman does not advise any of the parties and does not represent any of the parties. Parties must maintain their own legal assistance for legal advice. When the Ombudsman presents an assessment of a question of law or assistance in the development of a transaction agreement, this assessment or editorial support is inherent in his or her role as mediator and does not constitute legal advice for a party or a representative of a party.