COMPREHENSIVE MEDIATION AGREEMENT

Agreement to Mediate

TABLE OF CONTENTS

1. Parties and Purpose
2. Definitions
3. Mediation Process
4. Confidentiality and Privilege
5. Mediator's Role and Responsibilities
6. Party Obligations
7. Fees and Expenses
8. Settlement Authority
9. Termination of Mediation
10. Limitations of Liability
11. General Provisions
12. Execution

1. PARTIES AND PURPOSE

1.1 Parties

This Comprehensive Mediation Agreement ("Agreement") is entered into as of [DATE] by and among:

Party A:
Name: _______________________________________________
Address: ____________________________________________
City/State/ZIP: _______________________________________
Phone: ______________________________________________
Email: ______________________________________________
Represented by Counsel: ☐ Yes ☐ No
If Yes, Attorney Name: _________________________________

Party B:
Name: _______________________________________________
Address: ____________________________________________
City/State/ZIP: _______________________________________
Phone: ______________________________________________
Email: ______________________________________________
Represented by Counsel: ☐ Yes ☐ No
If Yes, Attorney Name: _________________________________

Additional Parties (if applicable):
___________________________________________________

Mediator:
Name: _______________________________________________
Mediation Organization (if any): __________________________
Address: ____________________________________________
Phone: ______________________________________________
Email: ______________________________________________

1.2 Purpose

The Parties agree to submit the following dispute(s) to mediation:

Description of Dispute:
___________________________________________________
___________________________________________________
___________________________________________________

Related Case Information (if applicable):
- Case Name: ________________________________________
- Case Number: ______________________________________
- Court/Tribunal: _____________________________________
- Filing Date: ________________________________________

1.3 Voluntary Participation

The Parties acknowledge that participation in this mediation is voluntary, and any Party may withdraw at any time, subject to the provisions of this Agreement.

2. DEFINITIONS

For purposes of this Agreement:

"Confidential Information" means all communications, documents, notes, memoranda, proposals, offers, counter-offers, and any other information disclosed during or in connection with the mediation process.

"Mediation Communication" means any oral or written statement made during or in connection with a mediation, including statements made in the course of pre-mediation intake, scheduling, or follow-up communications.

"Mediation Privilege" means the evidentiary privilege protecting mediation communications from disclosure in subsequent legal proceedings, as recognized by applicable state statute, the Uniform Mediation Act, or common law.

"Party" means any individual, corporation, partnership, governmental entity, or other legal entity participating in the mediation as a disputant.

"Session" means any meeting, conference call, video conference, or other communication involving the Mediator and one or more Parties for the purpose of conducting the mediation.

"Settlement Agreement" means any written agreement reached by the Parties as a result of the mediation.

3. MEDIATION PROCESS

3.1 Scheduling

• Mediation Date(s): __________________________________
• Location: ☐ In-Person ☐ Virtual ☐ Hybrid
• If In-Person, Address: _______________________________
• If Virtual, Platform: _________________________________
• Estimated Duration: _________________________________

3.2 Pre-Mediation Submissions

Each Party shall submit the following to the Mediator at least [NUMBER] days prior to the mediation:
- ☐ Mediation Position Statement (confidential to Mediator)
- ☐ Mediation Summary (shared with all Parties)
- ☐ Relevant Documents: _______________________________
- ☐ Settlement Proposal (confidential to Mediator)
- ☐ Other: __________________________________________

3.3 Mediation Format

The mediation shall proceed as follows:
- ☐ Joint Session(s)
- ☐ Separate Caucuses
- ☐ Combination of Joint and Separate Sessions
- ☐ Shuttle Mediation (no joint sessions)
- ☐ Other: __________________________________________

3.4 Attendance Requirements

Each Party agrees to attend the mediation in person or, if agreed, by video conference. The following persons shall attend:

Required Attendees:
- ☐ Named Parties
- ☐ Authorized Representatives with Full Settlement Authority
- ☐ Legal Counsel
- ☐ Insurance Adjusters (if applicable)
- ☐ Experts (by prior arrangement): _______________________
- ☐ Support Persons: __________________________________

3.5 Good Faith Participation

Each Party agrees to participate in the mediation in good faith, which includes:
- ☐ Appearing at all scheduled sessions
- ☐ Being prepared to discuss the dispute and potential resolutions
- ☐ Providing accurate and complete information relevant to the dispute
- ☐ Listening respectfully to other Parties and the Mediator
- ☐ Making a genuine effort to reach settlement

4. CONFIDENTIALITY AND PRIVILEGE

4.1 Confidentiality Obligations

All Parties, their counsel, representatives, and any other participants in the mediation agree that all Mediation Communications and Confidential Information shall be kept strictly confidential and shall not be disclosed to any third party, except:
(a) As necessary to implement or enforce any Settlement Agreement;
(b) As required by law or court order;
(c) To the extent waived in writing by all Parties and the Mediator; or
(d) In connection with professional misconduct proceedings against the Mediator.

4.2 Mediation Privilege

The Parties acknowledge and agree that:
(a) All Mediation Communications are privileged to the fullest extent permitted by applicable law, including but not limited to:
- The Uniform Mediation Act (if applicable in the governing jurisdiction);
- State mediation confidentiality statutes;
- Common law mediation privilege;
- Federal Rule of Evidence 408 (offers to compromise);

(b) No Party shall seek to compel the Mediator to testify or produce documents in any legal or administrative proceeding concerning matters disclosed during the mediation;

(c) The mediation privilege belongs to all Parties and may only be waived by the unanimous written consent of all Parties and the Mediator;

(d) Communications made during the mediation shall not be admissible for any purpose in any subsequent proceeding, including but not limited to:
- Evidence of liability or invalidity of a claim;
- Impeachment of a witness;
- Evidence of bias or prejudice;
- Any other purpose.

4.3 Exceptions to Confidentiality

Notwithstanding the foregoing, the confidentiality provisions of this Agreement shall not apply to:
(a) Threats of imminent violence or harm to any person;
(b) Information required to be disclosed by law (e.g., child abuse reporting obligations);
(c) The fact that a mediation occurred and whether or not settlement was reached;
(d) A written Settlement Agreement, to the extent necessary to enforce its terms;
(e) Information independently discoverable or known outside the mediation.

4.4 Document Handling

• ☐ All documents prepared for mediation shall be marked "CONFIDENTIAL - MEDIATION COMMUNICATION"
• ☐ At the conclusion of mediation, the Mediator shall destroy or return all confidential documents
• ☐ Parties shall not record any portion of the mediation without unanimous consent

4.5 Choice of Law for Confidentiality

The confidentiality and privilege provisions of this Agreement shall be governed by the laws of the State of [STATE], including [CITE APPLICABLE MEDIATION CONFIDENTIALITY STATUTE].

5. MEDIATOR'S ROLE AND RESPONSIBILITIES

5.1 Role of Mediator

The Mediator's role is to facilitate communication and negotiation between the Parties. The Mediator:
(a) Is a neutral third party and does not represent any Party;
(b) Will not provide legal advice to any Party;
(c) Will not make decisions for the Parties or impose a resolution;
(d) May meet privately with each Party (caucus) and may convey information between Parties only with their permission;
(e) May suggest options for resolution but has no authority to compel settlement.

5.2 Mediator Independence

The Mediator represents that:
(a) The Mediator has no financial or personal interest in the outcome of the mediation;
(b) The Mediator has disclosed any relationships with the Parties or their counsel that might create an appearance of partiality;
(c) The Mediator will remain impartial throughout the mediation process.

5.3 Disclosed Relationships

The Mediator discloses the following relationships:
___________________________________________________
___________________________________________________

5.4 Mediator's Authority

The Mediator is authorized to:
(a) Establish ground rules for the mediation;
(b) Determine the format and sequence of sessions;
(c) Exclude any person whose conduct disrupts the mediation;
(d) Terminate the mediation if, in the Mediator's judgment, continuation would be futile or harmful.

6. PARTY OBLIGATIONS

6.1 Full Disclosure

Each Party agrees to make a full, fair, and timely disclosure of all facts and documents material to the mediation, except to the extent such disclosure is protected by attorney-client privilege or work product doctrine.

6.2 Settlement Authority

Each Party represents that the person attending the mediation has full authority to negotiate and execute a Settlement Agreement, or that a person with such authority will be available by telephone or video conference throughout the mediation.

Settlement Authority Certification:

Party A Authority: ☐ Full ☐ Limited to $_____________
Party B Authority: ☐ Full ☐ Limited to $_____________

6.3 No Litigation During Mediation

Unless otherwise agreed or required by applicable statutes of limitations, the Parties agree that during the pendency of the mediation:
(a) No Party shall commence any legal proceeding concerning the dispute;
(b) All pending legal proceedings concerning the dispute shall be stayed or continued;
(c) All applicable statutes of limitations shall be tolled by agreement of the Parties.

Tolling Agreement:
- ☐ Statutes of limitations tolled from [DATE] through [DATE]
- ☐ No tolling agreement

6.4 Post-Mediation Restrictions

If the mediation does not result in settlement:
(a) No Party shall call the Mediator as a witness in any subsequent proceeding;
(b) No Party shall subpoena the Mediator's notes, files, or records;
(c) No Party shall use any statement made during the mediation as evidence or for impeachment purposes.

7. FEES AND EXPENSES

7.1 Mediator's Fees

• Hourly Rate: $____________ per hour
• Daily Rate: $____________ per day
• Minimum Fee: $____________
• Cancellation Fee: $____________ if cancelled within [NUMBER] days of scheduled mediation

7.2 Administrative Fees

• Filing Fee: $____________
• Room Rental: $____________
• Technology Fee (virtual mediation): $____________
• Other: $____________

7.3 Allocation of Fees

The Mediator's fees and mediation expenses shall be paid as follows:
- ☐ Equally by all Parties
- ☐ Party A: ____% Party B: ____%
- ☐ As agreed at conclusion of mediation
- ☐ Other: __________________________________________

7.4 Payment Terms

• Retainer Required: ☐ Yes $____________ ☐ No
• Payment Due: ☐ Prior to mediation ☐ Within [NUMBER] days after mediation
• Accepted Payment Methods: ☐ Check ☐ Wire Transfer ☐ Credit Card

7.5 Attorney's Fees and Costs

Each Party shall be responsible for its own attorney's fees and costs associated with the mediation, unless otherwise agreed in a Settlement Agreement.

8. SETTLEMENT AUTHORITY

8.1 Writing Requirement

Any settlement reached through this mediation shall be reduced to writing and signed by all Parties or their authorized representatives before it becomes binding.

8.2 Enforceability

The Parties agree that any Settlement Agreement:
(a) Shall constitute a binding contract enforceable under applicable law;
(b) May be entered as a consent judgment or stipulated order in any pending legal proceeding;
(c) Shall be subject to the jurisdiction of [COURT/FORUM] for enforcement purposes.

8.3 Partial Settlement

If the Parties reach agreement on some but not all issues:
- ☐ The partial agreement shall be binding
- ☐ The partial agreement shall be contingent upon resolution of all issues
- ☐ The Parties shall continue mediation on remaining issues
- ☐ Other: __________________________________________

9. TERMINATION OF MEDIATION

9.1 Termination by Party

Any Party may terminate the mediation at any time by providing written notice to the Mediator and all other Parties.

9.2 Termination by Mediator

The Mediator may terminate the mediation if, in the Mediator's sole discretion:
(a) Continued mediation would be futile;
(b) A Party is participating in bad faith;
(c) A Party's conduct is inappropriate or disruptive;
(d) The Mediator determines that a conflict of interest exists;
(e) Continuation would violate ethical standards or applicable law.

9.3 Effect of Termination

Upon termination without settlement:
(a) All fees incurred through the date of termination remain due and payable;
(b) All confidentiality obligations continue in full force and effect;
(c) The Parties retain all rights to pursue other dispute resolution methods or litigation.

10. LIMITATIONS OF LIABILITY

10.1 Mediator Liability

The Mediator shall not be liable to any Party for any act or omission in connection with the mediation, except for willful misconduct.

10.2 Indemnification

Each Party agrees to indemnify and hold harmless the Mediator from any claim arising out of the mediation, except for claims based on the Mediator's willful misconduct.

10.3 No Professional Advice

The Parties acknowledge that the Mediator is not providing legal, financial, tax, or other professional advice. Each Party is advised to consult with appropriate professionals regarding their rights and obligations.

11. GENERAL PROVISIONS

11.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to conflicts of law principles.

11.2 Entire Agreement

This Agreement constitutes the entire agreement among the Parties and the Mediator concerning the mediation and supersedes all prior negotiations, representations, and agreements.

11.3 Amendments

This Agreement may not be amended except by a written instrument signed by all Parties and the Mediator.

11.4 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.5 Waiver

The failure of any Party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it at a later time.

11.6 Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

11.7 Electronic Signatures

Electronic signatures shall be deemed valid and binding for all purposes.

12. EXECUTION

By signing below, the Parties and Mediator acknowledge that they have read, understood, and agree to be bound by the terms of this Comprehensive Mediation Agreement.

Party A

Signature: __________________________________________
Printed Name: _______________________________________
Title (if applicable): __________________________________
Date: ______________________________________________

Party A's Counsel (if applicable)

Signature: __________________________________________
Printed Name: _______________________________________
Bar Number: ________________________________________
Date: ______________________________________________

Party B

Signature: __________________________________________
Printed Name: _______________________________________
Title (if applicable): __________________________________
Date: ______________________________________________

Party B's Counsel (if applicable)

Signature: __________________________________________
Printed Name: _______________________________________
Bar Number: ________________________________________
Date: ______________________________________________

Additional Party (if applicable)

Signature: __________________________________________
Printed Name: _______________________________________
Title (if applicable): __________________________________
Date: ______________________________________________

Mediator

Signature: __________________________________________
Printed Name: _______________________________________
Certification/Affiliation: _______________________________
Date: ______________________________________________

EXHIBIT A - GROUND RULES FOR MEDIATION

The following ground rules shall apply to all mediation sessions:

1. ☐ All participants shall treat each other with respect and courtesy
2. ☐ One person speaks at a time
3. ☐ No interrupting while another person is speaking
4. ☐ All cell phones shall be silenced
5. ☐ Confidentiality shall be maintained at all times
6. ☐ Breaks may be requested at any time
7. ☐ The Mediator may meet privately with any Party
8. ☐ No recording devices permitted without unanimous consent
9. ☐ Participants may consult privately with their counsel at any time
10. ☐ Other: _________________________________________

EXHIBIT B - APPLICABLE MEDIATION PRIVILEGE STATUTES

Note: The following is provided for reference. Consult with legal counsel regarding applicable statutes in your jurisdiction.

Uniform Mediation Act (UMA) States:
District of Columbia, Hawaii, Idaho, Illinois, Iowa, Nebraska, New Jersey, Ohio, South Dakota, Utah, Vermont, Washington

California: Evidence Code Sections 1115-1128 (strict confidentiality regime)

Florida: Chapter 44, Florida Statutes

Texas: Texas Civil Practice & Remedies Code, Chapter 154

New York: CPLR Section 4547

[Insert applicable state statute here]

This template is provided for informational purposes only and does not constitute legal advice. Consult with a qualified attorney before use.