Agreement to Mediate

We ask our clients to sign a copy of the following Agreement to Mediate. Please contact us if you have any questions about the Agreement.

AGREEMENT TO MEDIATE

This Agreement to Mediate (hereafter, Agreement) creates a mediation relation-
ship between CID Resolution and its undersigned clients. The clients herein agree to the terms of the Agreement, including the Rules of Mediation, which are appended and incorporated into this Agreement.

_________________________  [mediator] of CID Resolution will conduct the mediation process and will be compensated at the rate of  $_____  per hour. Payment for each mediation session will be made at the conclusion of the session. Compensation for the mediator's labor outside mediation such as document review, document preparation, and telephone consultations will be billed and payable on receipt. The parties agree to divide fees in the following proportions:

The clients agree that legal advice and legal representation are not part of the mediation services and will not be provided by CID Resolution. The clients further agree to refer to their attorneys any legal issues that arise from settlements they might reach in mediation.

By signing this Agreement, each client acknowledges receipt of the Rules of Mediation. Each client also agrees to abide by the terms stated in the Rules of Mediation.

This contract is signed by the clients and by a representative of CID Resolution this  ________  day of  ___________________  [month]  , _________  [year] .

RULES OF MEDIATION

These rules are incorporated into the Agreement to Mediate, which all parties sign before commencement of mediation with CID Resolution. They are designed to assist the parties in reaching a settlement while protecting the integrity and confid-
entiality of the mediation process.

CONDUCT OF MEDIATION SESSIONS: The mediation process will be conducted in a manner that the mediator believes will most expeditiously permit a lasting resol-
ution of the issues in dispute. The mediator will assist the parties to this end so that they have every opportunity to reach a resolution that they believe is equitable.

CONCERNS OF THE MEDIATOR: The mediator may indicate verbally or in writing his or her concerns regarding any final decisions that the parties make when the mediator has concerns about the parties' standard of equity. The mediator's comments may appear in the Memorandum of Understanding.

CONFIDENTIALITY OF MEDIATION SESSIONS: California Evidence Code §1119–1120 makes mediation in California legally confidential. By signing the Agreement to Mediate, the parties acknowledge that material specifically prepared for mediation and statements made in mediation will not be available to either party as evidence in a civil lawsuit. Evidence that existed prior to the start of the mediation is not affected by this rule. Similarly, information that is known or can be obtained outside of mediation is not made inadmissible in court because it is discussed in mediation. Any settlement agreement entered into during mediation is inadmissible in court unless the parties concur to waive the legal confidentiality protection and thereby render their settlement agreement admissible. The parties further agree as follows:

1. Through the adoption of these rules, the parties agree that they will not call either the mediator or any agent of CID Resolution to testify in any litigation regarding the mediation sessions conducted by CID Resolution; and, in like manner, the parties agree that they shall not require the production of records, documents, or any other notes or papers made by the mediator for any purpose associated with any issue in mediation.

2. The foregoing exclusions from evidence and exemptions of the mediator and parties from giving testimony or being called on to produce records and doc-
uments shall apply also to the use of neutral experts and other professionals called on by the parties in mediation.

3. Mediation conducted by a professional mediator shall come within the pur-
view of his or her professional privilege as established by the Association of Conflict Resolution and any other statutory protection enacted either before or after the commencement of mediation by the parties.

LEGAL REPRESENTATION: The mediator does not legally represent any of the parties. CID Resolution recommends that each party consult an independent attorney before signing a legally binding agreement so that each party is informed of their respective legal rights and responsibilities.

SCHEDULING OF MEDIATION SESSIONS: If any party needs to change a scheduled appointment, he or she is requested to do so at least 48 hours in advance. Failure to do so will result in a charge to the canceling party of $100 for the canceled session. If more than one party cancels a session, the cancellation fee is shared among canceling parties.

FEES: The parties shall be jointly and severally liable for all fees.

DISAGREEMENTS: Should any disagreement arise between any party and CID Resolution, the parties agree to first use the services of an independent mediator to resolve the disagreement (after first trying to resolve the disagreement them-
selves). The costs of mediation shall be borne equally by the parties. If mediation of the disagreement is unsuccessful, the parties and CID Resolution agree to submit the matter for binding arbitration pursuant to the California Code of Civil Procedure and the rules of the American Arbitration Association. The costs of arbitration shall be awarded to the prevailing party or, when no one party prevails, proportionately according to the arbitrator’s discretion.

WITHDRAWAL AND TERMINATION: The foregoing Rules of Mediation assume that because mediation is voluntary, either party may withdraw from the mediation process at any time. The mediator may terminate either a mediation session or the entire mediation process if the mediator determines that a party has violated the rules of mediation, is not proceeding in good faith, or for any other cause.

AMENDMENT TO RULES OF MEDIATION: CID Resolution reserves the right to amend the Agreement to Mediate and associated Rules of Mediation at any time. However, any such amendments will not apply to existing cases in mediation on the date of such amendment.