AGREEMENT TO MEDIATE
We the undersigned parties agree to voluntarily enter the mediation process and
understand and consent to the following:
1. Definition of Mediation: Mediation is a process in which a neutral facilitates
communication between the parties and, without deciding the issues or imposing a
solution on the parties, enables them to understand and reach a mutually agreeable
resolution to their dispute.
2. Role of the Mediator: The mediator acts as a facilitator, not an advocate, judge, jury,
counselor, or therapist. The mediator assists the parties in identifying issues,
reducing obstacles to communication, maximizing the exploration of alternatives, and
helping parties reach voluntary agreements.
3. Mediator’s Style/Approach: for example: The mediator uses a more facilitative
approach. The mediator guides the parties’ conversation and discussion of issues that
are important to them, without providing an opinion or judgement regarding the merit
of the claims or the likely judicial outcome. The mediator will assist the parties’ in
assessing the strengths and weaknesses of their case. The mediator will not tell the
parties what to do or suggest a particular outcome.
4. The Mediation Process: The process will include at a minimum, an opportunity for all
parties to be heard, the identification of issues to be resolved, the generation of
alternatives for resolution, and if the parties so desire, the development of a
Memorandum of Understanding or Agreement.
5. Other procedures to be used during the mediation include: for example: caucus
6. Confidentiality: All memoranda, work product and other materials contained in the
case files of a neutral or dispute resolution program are confidential. Any
communication made in or in connection with the dispute resolution proceeding
which relates to the controversy, including screening, intake, and scheduling a dispute
resolution proceeding, is confidential.
Confidential materials and communications are not subject to disclosure in discovery
or in any judicial or