Mediation Agreement - Download as DOC
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					                                  Mediation Agreement

Mediation Agreement made on (date), between (Name of Mediator), of (street address,
city, state, zip code), hereinafter called the Mediator, John Doe of (street address, city,
state, zip code), and John Smith, (street address, city, state, zip code;

Whereas, the Parties are involved in a dispute which they wish to submit to mediation;

Whereas, Mediation is a structured problem solving process in which a neutral,
impartial third person or persons assist the Parties to the dispute to reach a voluntary
agreement to resolve the dispute; and

Whereas, the Mediator facilitates the negotiations, but does not impose his or her views
of what the agreement should be.

Now, therefore, for and in consideration of the mutual covenants contained in this
Agreement, and other good and valuable consideration, the parties agree as follows:
1.      Conduct of Mediation. Mediation process is voluntary and nonbinding. Any
Party may withdraw at any time by notifying the Mediator and the other Party or Parties
in writing of its intent to withdraw. While participating in mediation, each Party agrees to
make a good faith attempt to settle this dispute through mediation, to cooperate with the
Mediator, and to be open, candid and complete in its efforts to resolve the dispute.
2.    Designation of Mediator. The Parties have designated (Name of Mediator) to
mediate this dispute. A different Mediator or Mediators may be assigned if a Party
advises the Mediator of circumstances which would cause reasonable doubt regarding
the impartiality of the Mediator.

3.      Compensation of Mediator. The Parties agree that the Mediator shall be
compensated at a rate of $_________ per hour for mediation services. Mediator shall
be paid a retainer for (e.g., five) hours. The retainer shall be paid by the Parties who will
each deposit $_________ with the Mediator as a retainer. The retainer will be deposited
in the Mediator's escrow account and shall be withdrawn as earned. The Mediator's
escrow is an interest bearing account; the Parties agree that the Mediator shall be
entitled to keep the interest. The Mediator will be compensated at the hourly rate for
preparation time before and during the process, for time spent with the Parties or their
attorneys in joint or separate sessions and contacts, and for drafting agreements or
memoranda recording the agreements reached between the Parties.

4.      Mediation Process. The Mediator will control the procedural aspects of the
mediation. There will be no direct communication between the Parties or between their
attorneys without the concurrence of the Mediator. The Mediator will be free to meet
and communicate separately with each Party. The Mediator will decide when to hold
joint or separate meetings with the Parties and shall, in consultation with the Parties, fix
the time, place and agenda for each session. Efforts to reach a settlement will continue
       A.      A settlement is reached;

       B.     One of the Parties withdraws from the process; or

       C.     The Mediator concludes and informs the Parties that further efforts would
       not be useful.

5.      Submission of Information. Each Party will submit to the Mediator any material
and information as it deems necessary to familiarize the Mediator with the dispute.
Submissions may be made in writing and orally. The Mediator may request any Party to
provide clarification and additional information. The Mediator may request each Party,
separately or at a joint meeting, to present its case informally to the Mediator. The
mediation process will be confidential. The Parties and the Mediator will not disclose
information regarding the process to third Parties, including, but not limited to,
settlement terms or, in case of impasse, the reason for the impasse, unless the 
Description: Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening. To get the mediation started, you first have to choose a mediator. There are several sources you can contact to get a mediator. The American Arbitration Association maintains a list of qualified arbitrators and mediators all over the United States. Many state bar associations have a referral service for arbitrators and mediators. Many attorneys do mediation and arbitration as part of their law practice. Of course mediators and arbitrators are paid for their services.
PARTNER William Glover
I received my B.B.A. from the University of Mississippi in 1973 and my J.D. from the University of Mississippi School of Law in 1976. I joined the firm of Wells Marble & Hurst in May 1976 as an Associate and became a Partner in 1979. While at Wells, I supervised all major real estate commercial loan transactions as well as major employment law cases. My practice also involved estate administration and general commercial law. I joined the faculty of Belhaven College, in Jackson, MS, in 1996 as Assistant Professor of Business Administration and College Attorney. While at Belhaven I taught Business Law and Business Ethics in the BBA and MBA programs; Judicial Process and Constitutional Law History for Political Science Department); and Sports Law for the Department of Sports Administration. I am now on the staff of US Legal Forms, Inc., and drafts forms, legal digests, and legal summaries. I am a LTC and was Staff Judge Advocate for the Mississippi State Guard from 2004-2008. I now serve as the Commanding Officer of the 220th MP BN at Camp McCain near Grenada, MS. I served on active duty during Hurricanes Dennis (July, 2005), Katrina (August, 2005) and Gustav in 2008. I played football at the University of Mississippi in 1969-1971 under Coach John Vaught. I am the author of the Sports Law Book (For Coaches and Administrators) and the Sports Law Handbook for Coaches and Administrators (with Legal Forms),