Download AGREEMENT TO MEDIATE

AGREEMENT TO MEDIATE
The undersigned Participants agree to participate in a private, voluntary, confidential
mediation session to settle all or part of an existing dispute between or among them.
THE MEDIATORS: The Participants have chosen the undersigned Mediators as independent
and impartial mediators to aid them in their attempt to settle their Dispute by mediation.
NEUTRALITY AND NON-JUDGMENTALITY: The Mediators will always remain Neutral and
Non-judgmental. The Mediators will not make a decision, nor will they express an opinion or give
advice about who will or should prevail in the Dispute. In other words, the Mediators will not
render an award, verdict, or judgment, or otherwise determine the rights of or fault of any
Participant in any way. Nor will the Mediators offer legal advice to the Participants, and the
Participants acknowledged of their right to seek legal advice from their own counsel anytime
before, during and after the mediation session.
CONFIDENTIALITY: The Participants, and their counsel and/or other representatives, if any,
agree that the Mediators will conduct the Mediation session as a confidential settlement negotiation.
Therefore, we agree that any communication relating to the subject matter of the resolution made
during the resolution process by any participant, mediators, or any other person is a privileged
communication and is not subject to disclosure in any judicial or administrative proceeding unless
all parties to the communication waive the privilege. This privilege and limitation on evidentiary
use does not apply to any communication of a threat that injury or damage may be inflicted on any
person or on the property of a party to the dispute, or to the extent the communication may be
relevant evidence in a criminal matter or as otherwise provided by law.
SETTLEMENT: The Participants understand that no one guarantees that the Mediation
session results in a settlement of the Dispute or any part of the dispute. Furthermore, we may stop
the Mediation at the instruction or request of a Participant or the Mediators where either decides that
the mediation will not result in settlement. The Participants agree that if the Participants reach
settlement during the Mediation, the Participants, and not the Mediators, will be responsible for
drafting a written agreement setting forth the matters decided before adjourning the Mediation
conference, although the Mediators may help the Participants draft a memorandum of agreement at
their request. The Participants realize that any agreement reached at the mediation session will
become a legally binding and enforceable agreement. Therefore, they acknowledge that they may
want to review this agreement with their legal counsel before they complete the settlement
agreement.
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Mediator
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Mediator
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Participant
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Participant
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Participant
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Participant
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Participant
(My Webs\Form Agreeent of Mediate Students Word.doc)