Mediation Confidentiality And Retainer Agreement Template (Page 2 of 3) in pdf

Release and Indemnity. The mediator shall have no liability for any act or omission in

connection with the mediation or the mediation process. The parties hereby release the mediator

from any and all claims arising out of their failure to reach agreement or their decision to enter into

any agreement, the terms of any agreement reached, or any other aspect of the mediation process.

The mediator makes no representation that the participants will reach an agreement on any of the

issues, disputes or controversies discussed in the mediation. Any party who brings any claim,

action or proceeding of any nature against the mediator or who seeks to have the mediator testify

or produce records shall be responsible to indemnify the mediator for any and all costs, expenses,

liabilities, losses or damages incurred, including but not limited to attorneys’ fees and expenses

incurred.

Potential Conflicts of Interest. The mediator is not aware of any actual or potential

conflicts of interest which would affect his ability to be impartial. The parties acknowledge that the

mediator may have served as a mediator or as counsel in connection with other disputes in which

one or more of the parties was a participant, or counsel for the litigants in this dispute acted as

counsel. By signing this Agreement, the parties expressly waive any actual and potential conflicts

which may exist.

Admissibility of Agreement. Notwithstanding the terms of Paragraph 2 above, this

Agreement shall be admissible in any subsequent proceeding to prove the existence of the

Agreement and/or to enforce its terms. It is the intention of the parties that any written settlement

agreement prepared in the course of or pursuant to this mediation, and signed by the parties, be

binding upon the parties and admissible as provided in California Evidence Code Section 1123 and

enforceable by motion under Code of Civil Procedure §664.6 or by any other procedure permitted

by law.

Execution of Agreement. This Agreement is signed before the commencement of the

mediation by each of the persons whose signature appears below. This Agreement may be

executed in counterparts which, taken together, shall constitute the whole of the Agreement as

between the parties and the Mediator. A facsimile copy of this Agreement shall be treated as an

originally signed document.

Mediation Fees.

The initial fees of the Mediator shall be______. All such fees shall be

paid in equal shares by the parties. Outside counsel for the parties guarantee payment of their

client’s respective portion of such fees. The fee covers up to ____ (_) hours of conference time,

time spent convening the mediation and discussing procedure with parties and/or counsel, case

administration fees, and one (1) hour of the mediator’s time reviewing written briefs and supporting

materials. Additional time spent in connection with a mediation will be billed at the rate of $475 per

hour, unless a full or half day is reserved for further discussion, which shall be billed at the

Mediator’s standard rate for such sessions as described on the Mediation Fee Schedule which each

party has received. The mediation fee is due immediately upon the confirmation of reserved dates.

If all fees are not received, the mediation session will not go forward. Fees for any additional time

will be billed following the session and are due upon receipt of the invoice. Fees will not be

refunded if a matter is cancelled or continued fourteen (14) or less days before the original date

scheduled for the session, unless the mediator is able to schedule another conference for the

date(s) being held. If the session is cancelled more than fourteen (14) days prior to the conference,

deposited fees will be returned, less $100 per party, which will be retained as an administrative

cancellation fee.

Mediation Confidentiality And Retainer Agreement Template Page 2

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