Mediation And Agency Confidentiality Agreement Example - Free Download
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Mediation And Agency Confidentiality Agreement Example
Mediation And Agency Confidentiality Agreement Example
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Agency for Dispute Resolution
9595 Wilshire Blvd, 2
nd
Floor
Beverly Hills, CA 90212
800.616.1202 toll free / fax
424.332.0840 office
hello@agencydr.com
www.agencydr.com
MEDIATION CON F ID E N TI AL I TY AG RE E M EN T
Case Name: __________________________ | Case Number: ________________________
In order to promote communication among the Parties and the Mediator and to facilitate
settlement of the dispute, all parties agree as follows:
1. The parties consent to the appointment of ______________________, a neutral mediator
of the Agency for Dispute Resolution (ADR), to act as mediator in this matter.
2. Participation in this dispute resolution process is voluntary and may be terminated by any
party or by the mediator at any time.
3. Mediation sessions shall be closed to all persons other than the parties, their legal
representatives, and other persons with the consent of the parties and approved by the
mediator.
4. All statements made and all writings prepared during the mediation process are deemed
to be privileged and inadmissible for any purpose in any proceedings. In addition, all
parties are not permitted to disclose the statements and writings to any other person or in
the media.
5. All matters discussed in mediation shall be considered confidential and privileged in nature
except on order of the Court for good cause shown. Mediators shall not be subject to
process requiring the disclosure of any matter discussed during the mediation. This
privilege and immunity reside with the mediator and may not be waived by the parties.
The parties will not subpoena or otherwise require the mediator to testify or produce
records, reports, notes, or other documents reviewed, received, or prepared by the
mediator during the course of the mediation process.
6. It is the participants’ intent to extend the scope of said confidentiality and/or privilege as far
as the law will permit. However, the parties recognize that the law of the controlling
jurisdiction may require certain disclosures including, but not limited to, communications:
(i) made during a mediation that constitutes a threat to cause physical injury or
unlawful property damage;
(ii) made to a party or mediator who uses or attempts to use the mediation to
plan or to commit a crime;
(iii) showing bias or other motive to testify in a particular manner;
(iv) at issue in a felony or misdemeanor prosecution;
(v) evidencing abuse, neglect, abandonment or exploitation of an individual to
a public agency responsible for protecting;
(vi) concerning attendance at, success of, or failure of, the mediation; and/or
(vii) pursuant to applicable open meeting freedom of information, or public
records acts.
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