Roe v. Doe

In order to promote communication among the parties and the mediator and to facilitate settlement of the dispute, all the undersigned parties agree as follows:

The Mediator is a neutral intermediary who may not act as an advocate for any party.

All statements made during the course of the mediation are confidential settlement discussions, are made without prejudice to any party's legal position, and are non-discoverable and inadmissible for any purpose in any legal proceeding. 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 to testify in any proceeding as to (i) any records, 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 as evidence in any arbitration, judicial or other proceeding, including but not limited to (a) views expressed or suggestions made with respect to possible settlements, (b) admissions made in the course of the mediation proceedings; and (c) proposals made or views expressed by the Mediator or the response of any party. If settlement is achieved, the executed settlement agreement may be introduced in evidence to enforce the contract.

Since the parties are disclosing sensitive 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.

Any party breaching this agreement shall be liable for and shall indemnify, defend and hold harmless the non-breaching parties and the Mediator for all costs, expenses, liabilities and fees, including attorneys' fees, which may be incurred as a result of such breach.

California Evidence Code sections 703.5 and 1115 through 1128, and 1152 shall apply to this mediation.

By executing this Agreement, each of the undersigned agrees (i) to be bound by its terms and (ii) that the undersigned acknowledge that the Mediator would not agree to mediate the matter among the parties without the execution and delivery of the Agreement to the Mediator.

Mediator's Fees
The Parties understand and agree that the mediator charges $400 per hour with a four hour minimum charge. The Parties agree to split the Mediator's fees between the plaintiff(s) and the defendant(s) in equal shares. The parties acknowledge and agree that the Mediator will charge for all time spent on the matter (except the time spent during the pre-mediation telephone conference).

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