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Sample Agreement to Mediate

 

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AGREEMENT TO MEDIATE

 

The following parties:

 

 

 

(hereinafter referred to as "Parties") agree to participate in mediation in their efforts to resolve matters in question or in dispute. The parties further agree to hire _________________________________________________ as the mediator to facilitate the mediation sessions.

 

Mediation Process

 

The mediation process is confidential. Parties and Mediator expressly understand and agree that any communication made during the mediation process shall be confidential and privileged. Parties and Mediator agree that Missouri law at Section 435.014, Revised Statutes of Missouri provides this legal protection for confidentiality and privilege to the mediation process, unless the communication is otherwise discoverable or obtainable. However, for Parties to acquire and develop full and accurate information in order to make informed decisions, Parties agree that each other may consult appropriate experts, especially attorneys, outside of the mediation. Parties agree that they will not request that Mediator testify in any legal proceeding or that Mediator provide any records for use outside of the mediation process. Mediator shall not disclose any information about the Parties or records produced in the mediation process unless compelled by law. The mediation process is voluntary and Parties agree that either Party or Mediator may terminate a mediation session.

 

Responsibilities of Mediator

 

Mediator agrees to provide mediation services by aiding and facilitating the Parties in their discussions of the matters that each party wishes to present in the efforts to seek resolution. Parties understand that Mediator has no authority to decide a resolution or to determine any fact or to issue rulings about the law. Parties further understand that Mediator, while possibly licensed as an attorney at law, will not provide legal advice or legal representation to Parties. Parties acknowledge that Mediator has disclosed any conflict of interest, if any, prior to the signing of this agreement. Mediator agrees to continuously disclose any other conflict of interest that reveals itself during the mediation process. At the end of the mediation process, if requested by the Parties, Mediator shall prepare a written Proposed Memorandum of Understanding recording Parties' agreements for review by the Parties' attorneys.  

 

Responsibilities of the Parties

 

Parties agree to participate in the mediation process by attending mediation sessions at the agreed upon time and place. If an agent represents a Party (such as cases with corporations), that Party agrees that the agent has full authority to resolve issues (or has immediate access to the necessary authority). Since good faith negotiation and informed decision-making necessitate complete and accurate information, Parties agree to the best of their abilities and knowledge to provide complete and accurate information during the mediation process. Parties agree to pay the professional fees and cost of mediation as more fully stated hereinafter.

 

Professional Fees and Costs of Mediation

 

Parties agree to pay an hourly rate of $ _________ per hour as the fee for Mediator's services. This fee is separate from fees for accountants, attorneys or other experts with whom Parties may consult. The time charged includes time Mediator may spend outside of the mediation sessions on behalf of Parties. Parties agree to pay Mediator for any travel time, both local and out of town, but only for one way at the hourly rate. Portions of any hour shall be charged at the same hourly rate at the nearest tenth-hour increment. If overnight travel is required, Parties agree to pay the reasonable expenses incurred by Mediator.

 

Parties agree to prepay Mediator by maintaining a cash deposit with Mediator. Parties have made an initial deposit of $______________. Parties authorize Mediator to use the money deposited to pay fees and costs as they are incurred. Mediator periodically will send billing statements to Parties that itemize the charges taken against the deposit. Withdrawals from the deposit will occur ten (10) days after the date of the billing statement, provided Parties raise no protest to any of the charges. If a billing statement charge exceeds the deposit, Parties agree to pay that balance in full within fifteen (15) days of the date of the billing statement. Parties further agree to pay an additional charge calculated as an interest charge of ten (10) percent per annum for any unpaid balance that remains after its due date. Mediator reserves the right to suspend mediation sessions until Parties pay any past due balances and provide a deposit for future fees.

 

Dispute Resolution

 

Parties agree that if any concerns exist about the nature or quality of the mediation services or the fees charged, Parties will raise those concerns directly with Mediator. If Parties and Mediator cannot resolve the concerns, Parties and Mediator agree to mediate for at least one session with another professional mediator chosen by Parties. The costs for that mediation shall be evenly divided among all Parties and Mediator, such that each participant in that mediation pays the same amount.

 

IN CONSIDERATION of the mutual promises contained herein, this agreement is made on the date of ________________________.

 

___________________________________    

Signature of Party                                       

 

___________________________________    

Signature of Party   

 

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Signature of Mediator