Jeffery Foote Mediation Agreement

Mediation Agreement

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__________________________________________________., the undersigned parties, hereby agree to have mediation services provided by Mediator Jeffrey P. Foote (Mediator) for their dispute in accordance with the following terms:

1. Mediation Procedures: Mediator will administer the mediation. All parties recognize that mediation is a voluntary settlement negotiation and that the Mediator is not a judge and has no authority to force a settlement on the parties. Further, the parties recognize that the Mediator is a neutral intermediary who may not act as an advocate for any party.

2. Mediator: The parties agree that Jeffrey P. Foote will be the Mediator.

3. Fees and Expenses: Fees for mediation services will be charged at the rate of $300 per hour.

Any charges for services shall be promptly paid in equal proportions or in such other proportion as the parties agree. The respective law firms representing the parties shall be directly responsible for fees and costs associated with the mediation.

4. Consulting with Attorneys: Any party not represented by an attorney is encouraged to consult with an attorney before, during and after the mediation session and before finalizing an agreement, regarding legal rights and obligations. The parties recognize that it is not the Mediator’s role to give legal advice.

5. Confidential: The parties recognize that mediation sessions are settlement negotiations and that settlement negotiations are inadmissible in any litigation or arbitration of their dispute, to the extent allowed by law. The parties will not subpoena or otherwise require the Mediator to testify or produce records, notes or work product in any future proceedings.

All statements made during the course of the mediation are privileged settlement discussions, are made without prejudice to any party’s legal position, and are non-discoverable and inadmissible for any purpose in any legal proceeding.

The privileged character of any information is not altered by disclosure to the Mediator. Disclosure of any records, reports, or other documents received or prepared by the Mediator cannot be compelled. The Mediator shall not be compelled to disclose or to testify in any proceeding as to (a) any records, reports, or other documents received or prepared by the Mediator or (b) information disclosed or representations made in the course of the mediation or otherwise communicated to the Mediator in confidence.

No aspect of the mediation shall be relied upon or introduced as evidence in any arbitral, judicial, or other proceeding including, but not limited to (a) views expressed or suggestions made by a party with respect to a possible settlement of the dispute; (b) admissions made in the course of the mediation proceedings; and (c) proposals made or views expressed by the Mediator or the response of any party thereto.

The parties agree that breach of this agreement would cause irreparable injury and that monetary damages would be an inadequate remedy, since the parties are relying upon this agreement of confidentiality in disclosing sensitive business and/or personal information. The parties therefore agree and stipulate that any party to this agreement may obtain an injunction to prevent disclosure of any such confidential information in violation of this agreement. Any party breaching this agreement shall be liable for and shall indemnify the non-breaching parties and the Mediator for all costs, expenses, liabilities, and fees, including attorneys’ fees, which may be incurred as a result of such breach.

DATED this ______ day of ________, 2008, and signed before commencement of the mediation by each of the persons whose signatures appear below.




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