Download agreement to mediate

AGREEMENT TO MEDIATE
This Agreement to Mediate is entered into by and between all parties set forth in this Agreement in
the event the parties engage in a dispute concerning certain matters which they wish to resolve in a
cooperative fashion (herein, the "Dispute"),
The Parties wish to promote communication among themselves to achieve a resolution of the
Dispute. For that purpose, they wish to use the services of or Rob Frankel/Frankel & Anderson (a
California Corporation) to act as mediator (the "Mediator").
NOW, WHEREFORE, in consideration of the foregoing recitals and of the mutual promises,
covenants, and undertakings of the parties herein contained, and for other good and valuable
consideration, the parties hereto agree as follows:
1. NEUTRAL MEDIATOR. The Mediator shall serve as a neutral intermediary and shall not act
as an advocate for any party.
2. PRIVILEGED STATEMENTS. Each participant's sole purpose in conducting and participating
in this mediation is to compromise, settle, and resolve the Dispute, in whole or in part. All
statements made during the course of the mediation are privileged settlement discussions, are
made without prejudice to any party's legal position, and are undiscoverable and inadmissible
for any purpose in any legal, administrative, or other proceeding.
3. PRIVILEGE SURVIVES DISCLOSURE. The privileged character of any information is not
altered by disclosure to the Mediator. Disclosure of any records, reports, or other documents
received or prepared by the mediator cannot be compelled. The mediator shall not be compelled
to disclose or testify in any proceeding, including, but not limited to civil, criminal, and
administrative proceedings, as to (i) any record, reports, or other documents received or
prepared by the Mediator or (ii) information disclosed, or representations made, in the course of
the mediation or otherwise communicated to the Mediator in confidence. No aspect of the
mediation shall be relied upon or introduced into evidence in any arbitral, judicial,
administrative, or other proceeding, including but not limited to: (a) Views expressed or
suggestions made by a party with respect to a possible settlement of the dispute; (b) Admissions
made in the course of the mediation proceedings; (c) Proposals made or views expressed by the
mediator or the response of any party, and (d) The fact that another party had or had not
indicated willingness to accept a proposal for settlement made by the Mediator. The parties are
disclosing sensitive information in reliance upon this agreement of confidentiality. For that
reason, any breach of this agreement would cause irreparable injury for which monetary
damages would be inadequate. Consequently, any party to this agreement may obtain an
injunction to prevent disclosure of any such confidential information in violation of this
agreement. Any party breaching this agreement shall be liable for and shall indemnify the nonbreaching parties and the mediator for all costs, expenses, liabilities, and fees, including
attorneys' fees, which may be incurred as a result of such breach.
4. EXECUTION OF MEDIATION AGREEMENT. This Agreement to Mediate has been entered
into on the date set forth herein. The failure of any one or more parties to participate any
general mediation session shall not affect this Agreement which shall remain in full force and
effect upon the remaining signatories hereto.
5. MEDIATION FEES. The fees of mediation shall be $495 per mediated matter as described
herein:
A. The party filing a claim (Claimant) pays the Review Fee of $495. This fee is to be evenly
split and reimbursed to the Claimant by as many parties as are named in the dispute.
B. At the time of filing, the claimant submits name and contact information of all other
parties to be notified of the action, along with his/her version of events and a description of
the dispute, attached as a Microsoft Word or Plain Text document to an e-mail sent to
[email protected].
C. Each participating party has ten (10) working days to review the claimant's document
and respond, via e-mail to [email protected], their version of events.
D. The mediator may or may not ask follow up questions to any of the parties involved.
E. The mediator notifies all parties of the dispute resolution.
6. All parties acknowledge that mediation is not a court of law and has no jurisdiction. The
mediation serves to provide an objective, disinterested, third-party viewpoint for resolving conflict
reasonably and effectively.
7. All parties agree to protect, defend, indemnify and hold harmless Rob Frankel/Frankel &
Anderson and its staff from any and all claims and liabilities which may arise from this
relationship. Further, all parties to hold Frankel & Anderson and its staff harmless from any and all
adverse matters and/or lawsuits brought against any and all parties or their associates.