AGREEMENT TO PARTICIPATE IN MEDIATION
BETWEEN:
(one of "the parties")
AND:
(one of "the parties")
AND:
Jim Musgrave, Q.C., Acc. Med. ("the Mediator")
Both parties to this agreement understand and agree as follows:
1. Both parties appoint and retain the Mediator to assist them in the resolution of matters at issue between them.
2. The parties understand that mediation is a process whereby they attempt, with the assistance of an impartial third party, to reach a consensual settlement of the matters at issue between them. The Mediator will not make decisions, recommendations, assessments, or provide legal advice.
3. It is understood that most mediation sessions will involve both parties in joint session with the Mediator, but separate meetings may be held between the Mediator and one of the parties.
4. The parties understand that honest disclosure of relevant information is essential to the mediation process. Accordingly, the parties agree to communicate in good faith regarding all documents and information disclosed during mediation. Unless otherwise specifically stated beforehand, it is agreed that the Mediator may disclose fully to each party all information provided to him by the other party, or any other information of which he becomes aware, which is relevant to the issues being mediated.
5. The parties understand that, although the Mediator is a lawyer, he is not acting as legal counsel for either party. The Mediator will not make decisions, recommendations, assessments, or provide legal advice. It is understood that the Mediator shall remain impartial in all contacts with the parties and will not advance the interests of one party over the other.
6. The parties agree that, because the mediation process is an attempt to settle differences between them through assisted negotiation, all communications between the parties and with the Mediator (either with one another or with the Mediator privately) will be made without prejudice. Any information arising out of mediation sessions shall be treated by all parties as both confidential and non-compellable and will not be raised by either party in any legal proceeding. Accordingly, the Mediator shall not be asked or required by either party to provide information, give evidence, or produce documents in any legal proceeding concerning the content of any of the mediation sessions.
7. Any admissions or statements made during the course of a private meeting with the Mediator will be treated as being not confidential within the Mediation and may be disclosed to the other party by the Mediator when in his opinion it may assist settlement of the dispute, unless the Mediator has been expressly requested to keep the information confidential.
8. The Mediator will not be held liable to the parties for any act or omission arising, directly or indirectly, in connection with the services he provides as mediator unless he has acted in bad faith.
9. The parties acknowledge that the confidentiality referred to in this agreement will not apply where the Mediator is obliged by law to report to a third party or where a Court compels any of the parties to give evidence.
10. Mediation shall continue until terminated by any of the parties. Mediation may be terminated if the parties reach agreement or if a party (or the Mediator) decides that the issues cannot be resolved by mediation and wishes to terminate mediation.
11. Although the Mediator may draft a document to record the consensus reached by the parties, the Mediator will not advise the parties legally concerning the contents thereof. Since the parties may have adverse interests, it is emphasized that both participants in the mediation should continue to retain counsel to obtain legal advice concerning any legal questions arising during mediation and to review any document resulting from mediation before signing. Each party’s lawyer is encouraged to contact the mediator to discuss the consensus and each party gives the Mediator permission to discuss the terms of any document resulting from mediation with his or her lawyer.
12. It is agreed that the Mediator will be paid at the rate of $325.00 per hour, plus disbursements, for all work done during mediation, including meetings, telephone calls, correspondence, and other services. The Mediator will also charge and be paid all applicable taxes. Unless otherwise arranged, the parties agree that each will be responsible for a proportionate share of the fees of the Mediator, which will be paid within 30 days of the completion or termination of the mediation.
13. It is understood and agreed that the parties present today have full authority to bind any settlement achieved through the course of this mediation.
This agreement entered into on the ________ day of ______________________, 20__ at ________________, Nova Scotia.
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Jim Musgrave (Mediator)
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Counsel
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Counsel