Michael P. Carbone

1201 Brickyard Way, Suite 201 Point Richmond, CA 94801 Tel 510.234.6550 Fax 415.480.1799

Mediation Forms > Mediation Agreement

                                          MEDIATION AGREEMENT 


                    THIS AGREEMENT dated as of **** is made by the undersigned parties and counsel ("Participants") to enter into mediation with the intent of resolving all issues in the above-entitled matter (“Dispute”). 

1.      Employment of Mediator.    The Participants hereby employ Michael P. Carbone as Mediator in the above-entitled matter.  The Participants understand that the Mediator is an impartial third party who will not favor the interests of any party over another and who will not give legal advice.

2.      Confidentiality. 

(A)     The Participants hereby acknowledge that, subject to the terms of applicable law, including Sections 1115 through 1128 of the California Evidence Code, no evidence of any of the following matters occurring or used during the mediation shall be admissible or subject to discovery in any arbitration, administrative adjudication, civil action or other noncriminal proceeding in which testimony can be compelled to be given: anything said or any admission made for the purpose of, in the course of, or pursuant to, the mediation; and any “writing” as defined in California Evidence Code Section 250 that was prepared for the purpose of, in the course of, or pursuant to this mediation.  No testimony shall be taken and no person may be served with legal process at the mediation.  Notwithstanding the foregoing, it is agreed that any written agreement that is signed by the Participants and that embodies the terms of settlement of the Dispute will be admissible in any legal action for its enforcement and if the Dispute is the subject of a pending legal action any such settlement may be enforced pursuant to Section 664.6 of the Code of Civil Procedure. 

(B)    The Participants understand that the Mediator may have private caucus meetings and discussions with any individual party, whether before, during or after the mediation, and that the Mediator will agree to treat as confidential as between and the Mediator and the caucusing party any information received during any such caucus as may be requested by the caucusing party at the time of disclosure of such information. 

(C)    Subject to the terms of Section 703.5 of the California Evidence Code, neither the Mediator nor any other Participant in the mediation shall be competent to testify in any civil action, arbitration, or administrative proceeding as to any matter which took place during the mediation.  No Participant shall attempt to require the Mediator or any other Participant to testify or to provide any written materials from the Mediator's files in any court proceeding, whether between the Participants or otherwise.  At the conclusion of the mediation the Mediator is authorized to purge his file and to destroy any notes which he has made during the mediation.  The Mediator shall be entitled to reimbursement of reasonable attorneys' fees and costs from any Participant who attempts to compel testimony or production of documents in violation of the terms of this Paragraph 2(C). 

(D)    Pursuant to the provisions of Evidence Code Section 1125(a)(5), the Participants agree that for the purpose of confidentiality the time when the mediation ends is extended until one of the Participants in the mediation notifies all other Participants in writing of intent to withdraw from the mediation, or until the Mediator notifies all other Participants in writing that an impasse has been reached that cannot be broken. 

3.      No Liability on the Part of the Mediator.  All Participants acknowledge that the Mediator is not authorized to give legal advice to any participant nor to counsel any participant, examine the law, or pass upon the legal effect of any act, document, or law.  All Participants hereby agree that the Mediator shall not have any liability for any unintentional act or omission that may occur during the course of or in connection with the mediation.  In the event that the Mediator participates in any manner in the preparation of a written settlement agreement, the parties to the Dispute hereby acknowledge that they have been advised to have such agreement independently reviewed by legal counsel before executing it. 





























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