1. Appointment and Objectives: With this agreement, the parties designate Tad Powers/Michael Marks as mediator for their negotiations. The parties are aware that the objective of the mediator is to help the parties reach a fair and constructive agreement that resolves their differences in a collaborative, consensual and informed manner. The Mediator is neutral in this quarrel. The mediator himself does not comment on the contentious issues. The mediator is impartial throughout the mediation process. The parties agree, with the mediation between the parties and the mediator, the mediation is considered strictly confidential. Mediation talks, draft resolutions and unsigned negotiated agreements are not permitted in any jurisdiction or other contentious proceedings. Only a mediation agreement signed by the parties is thus allowed. The only other exceptions to this confidentiality are when all parties waive confidentiality in writing or in an action brought by a party against the Mediator. The parties agree not to call the mediator as a witness for mediation or to provide documents from mediation as part of a legal proceeding between the parties.
Mediation is seen by the parties and the mediator as a settlement negotiation. All parties also understand and agree that the Ombudsman may hold private caucus meetings and talks with each party, all of which are confidential meetings and discussions between the Ombudsman and the disputed party. It is an agreement between the undersigned (the “parties”) and Tad Powers/Michael Marks of MarksPowers LLP (“Mediator”) to mediate with the intention of resolving the problems related to: `d` Any party who calls the Ombudsman as a witness, who issues a subpoena against the Ombudsman or who asks the Ombudsman to produce, renounces his right to rely on and enforce the confidentiality provisions of that agreement, unlike the Mediator. 2. Legal representation: the mediator does not advise any of the parties and does not represent any of the parties. Parties must maintain their own legal assistance for legal advice. When the Ombudsman presents an assessment of a question of law or assistance in the development of a transaction agreement, this assessment or editorial support is inherent in his or her role as mediator and does not constitute legal advice for a party or a representative of a party. 6. While all parties intend to continue mediation until a settlement agreement is reached, any party may withdraw from mediation at any time. The parties appoint and retain James C. Melamed, J.D., counsel, as mediator.
The parties understand that mediation is a process of meeting agreements in which the mediator assists the parties in the common and informed agreement. It goes without saying that the mediator is not empowered to rule on the questions put to the parties. The parties understand that mediation is not a substitute for independent legal advice. Parties are encouraged to consult throughout the mediation process and it is recommended that a legal review be independent of any formal mediation agreement before signing the agreement. The parties understand that the Ombudsman is required to work on behalf of all parties and that the Ombudsman cannot provide individual legal advice to a party and will not perform any therapy or conciliation in mediation. 12. This contract may be executed in return. (f) Notwithstanding the above, this agreement may be used for mediation and any written agreement reached and signed by the parties as a result of mediation may be used in any relevant proceeding, unless the parties reach a written agreement on it.