Updated April 2020

Virtual Collective Bargaining Mediation Or Neutral Services

Terms and Conditions 

The Parties are to receive virtual collective bargaining mediation or other neutral 

services from the Federal Mediation and Conciliation Service. Attendees are bound by 

the following terms as if a Party. All references to Mediator and mediation includes

Instructors and training or other neutral services. 

By participating in mediation, the Parties (and any other attendees) agree to the 

following:

1. The Parties understand that the Mediator has no authority to decide the case and is 

not acting as advocate or attorney for any party or for any adjudicatory body. Parties 

may use legal representation during mediation if they so choose.

2. To promote frank and productive discussion, the Parties agree that the mediation 

process is confidential to the extent allowed by law. 

a. The Parties agree that they will not record, save, or otherwise capture any 

audio, video, files, documents, chat texts, or any other data that the Party 

would not have access to but for the mediation, unless provided by another 

Party with knowledge and consent. If recordings, saves, or other captures of 

data occur unintentionally, the Mediator must be notified immediately. Any 

such recordings, saves, or captures of data may not be shared with anyone and 

must be immediately and permanently deleted. 

b. Only Parties may attend or have access to any part of the mediation unless all 

Parties and the Mediator agree, or as required by law. The Mediator and all 

Parties must be provided notice of all attendees before or at the time of 

attendance. Parties may not provide mediation passwords to non-Parties

without permission from the Mediator. 

c. The Parties agree that if a Party inadvertently gains access to any confidential 

discussions involving another Party, the Party with inadvertent access shall 

immediately disclose the Party’s presence and exit from the confidential 

discussions. Any confidential information inadvertently disclosed may not be 

used by the Party with inadvertent access, even within the confines of the 

mediation.

d. The obligations imposed by this agreement are in addition to and do not

supersede any obligations imposed by applicable state or federal laws 

regarding mediation confidentiality.
Updated April 2020

3. The Parties agree not to subpoena the Mediator or compel the Mediator to produce 

any documents provided by a Party in any pending or future administrative or 

judicial proceeding. The Mediator will not voluntarily produce documents or testify 

on behalf of a Party in any pending or future administrative or judicial proceeding. 

4. Mediation sessions will not be recorded or transcribed by the Mediator or any of the 

Parties. In accordance with FMCS policy, the Mediator’s notes and records of the 

mediation content, if any, are routinely destroyed. 

5. FMCS strives to ensure the integrity of all technology used in mediations. All Parties 

must also ensure the integrity of technology used in mediations. If a Party is aware of 

any security breach, that Party should inform the Mediator immediately. The 

Mediator will inform all attendees of any known security breach. The Parties agree 

to hold FMCS harmless from the result of any security breach.

6. Evidence that is otherwise admissible or discoverable does not become inadmissible 

or non-discoverable as a result of its use in the mediation proceedings.

7. The FMCS and its employees will be held harmless of any claim for damages for any 

act or omission occurring during or in connection with the mediation process, to the 

extent permitted by applicable law.

8. This agreement shall supersede any other agreements relating to this mediation in 

the event of contradictory terms.

By continuing this process, the Parties and attendees acknowledge that they read, 

understood, and agreed to the terms above. The Parties also represent that they have the 

full authority to bind their respective organization and/or members to this agreement.

Anyone with questions or concerns about these terms should contact FMCS’s Office of 

General Counsel at (202) 606-5444 or ogc@fmcs.gov.