The following document is provided as a sample only, since Agreement to Mediate forms vary slightly by content and form between jurisdictions. Participation in the mediation process is voluntary, however the parties expressly understand and agree that any agreements reached as a result of mediation will be binding and should be reviewed by their attorneys before finalization.
Attorneys are responsible for mediation fees generated on behalf of their clients.
The mediator may not have any financial or personal interest in the outcome of the mediation and must disclose any circumstances which create a presumption of bias or cause a delay in the mediation process. The parties recognize that mediation proceedings are settlement negotiations, and that all offers, promises, conduct and statements, whether written or oral, made in the course of the proceedings, are inadmissible in any arbitration or court proceeding, to the extent allowed by applicable state law. Evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation session. In the event the parties do reach a settlement agreement, the terms of that settlement will be admissible in any court or arbitration proceedings required to enforce it, unless the parties agree otherwise. Information disclosed to the mediator in a private caucus shall remain confidential unless the party authorizes disclosure.