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. 9. Litigation: The contracting parties agree not to resort to preventive and contradictory procedures during the conciliation procedure, except in case of emergency. 4.
a) The parties agree that they will not call the mediator or persons connected to ADR chambers as witnesses in a judicial or administrative proceeding on this appeal at any time, before, during or after mediation. To the extent that they have the right to call as witnesses the Ombudsman or anyone linked to ADR chambers, this right is removed. Participants also understood that the Ombudsman may suspend or terminate mediation if he or she believes that mediation results in an unjustified or inappropriate outcome, when the Mediator feels that a deadlock has been reached or when the mediator finds that he can no longer effectively exercise his or her role as mediator. These agreements are generally a brief summary of important issues on which the parties have agreed and use the parties` own words to explain in detail how they decided to proceed. Agreements are absolutely confidential and can be used to jog people`s memories when they return to work. As agreements are confidential, they are not legally binding and cannot be mentioned in future proceedings. There are links below to three type written chords. 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. 5. Planned Mediation Meeting: The contracting parties meet for mediation on 2010, starting with `a.m in the offices of `At the end of this conciliation meeting, if the matter is not resolved, the parties may hold additional meetings.
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. 7. If the mediator finds that it is not feasible or appropriate to continue mediation, the mediator may terminate the proceedings after communicating his unilateral decision to the parties.