Mediation Confidentiality And Retainer Agreement Template printable pdf download

MEDIATION CONFIDENTIALITY AND RETAINER AGREEMENT

This Mediation Confidentiality and Retainer Agreement (“Agreement”) is dated _______ .

The undersigned parties are engaged in a dispute which they hope to resolve in a voluntary and

cooperative manner (“Dispute”). In an effort to resolve the Dispute, the parties desire to promote

communication among themselves and wish to use the services of Greg David Derin (“Mediator”)

to serve as a mediator to assist them. In consideration of these objectives and of the promises and

agreements contained in this Agreement, and for other good and valuable consideration, the parties

agree as follows:

Role of the Mediator. The Mediator shall function as a neutral facilitator and is given broad

authority to conduct the process in any manner intended to achieve a fair and impartial hearing. The

Mediator shall not, and does not, act as an attorney or advocate for any party. Participation in this

process shall not be deemed to create, represent or imply the existence of any professional-client

or fiduciary relationship between any party and the Mediator.

Confidentiality and Privilege. The parties are participating in the mediation process

voluntarily and for the sole purpose of resolving the Dispute. Subject to certain limitations set forth

in applicable statutory and case law, statements made during or in connection with the mediation

are confidential, are intended to be privileged settlement communications, are made without

prejudice to any party’s legal position, are not intended to be subject to discovery, and are intended

by the parties to be not admissible in any subsequent proceedings. However, written and oral

agreements reached by the parties in the course of the mediation may, under certain

circumstances, be admissible in a subsequent proceeding.

This mediation is conducted pursuant to California Evidence Code §§703.5, 1115-1128,

1152 and/or Federal Rules of Evidence, Rule 408, and other sections or successor sections of the

California Evidence Code and any Federal law counterparts, if applicable, governing among other

things, the confidentiality of mediation proceedings. In addition, the parties and counsel agree not

to disclose any conduct or statements made in connection with the mediation or any writings

relating to the mediation to any other person or in the media. The mediator may not testify in any

proceedings and the parties shall not seek to have the mediator testify or produce any records,

reports, notes or other documents reviewed, received or prepared by him during the course of the

mediation process.

Pre-conference and post-conference communications between the mediator and any party

or counsel related to the mediation shall be confidential to the same extent as if they had occurred

at the mediation session. The mediator may consult with others about this matter and may describe

this matter for educational purposes as long as he does not disclose the parties’ names or any

other information which would specifically identify the parties.

Since the parties are disclosing confidential information in reliance upon this agreement of

confidentiality, 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.

Mediation Confidentiality And Retainer Agreement Template