The parties, whose names appear below through their counsel have reached an agreement to submit all matters and disputes relating to the dispute described below to mediation before the Neutral designated below. The parties do hereby memorialize said agreement and do hereby agree as follows:
Rules. The rules of the mediation will be as agreed upon by the parties. If the parties cannot agree upon the rules of the mediation then the Neutral will determine the rules, which decision will be binding on the parties.
Fees. The parties shall share, equally, the fees charged by the Neutral, which shall be paid promptly when billed. Counsel for each of the parties acknowledges that it is their individual responsibility to pay the fees charged by the Neutral. Each party will be responsible for VirtualCourthouse filing fees if applicable.
Binding Agreement: No party shall be bound by anything said or done at the mediation conference unless a settlement is reached. If a settlement is reached, the agreement shall be reduced to writing and when signed by each party, shall be binding upon all parties to the agreement.
Confidentiality. The parties and the Neutral shall keep all of the Information provided through the dispute resolution process confidential and will not disclose that information to any other individual without the express written authorization of all of the parties. Should any party or their agent seek to compel the disclosure of any information by subpoena or other court process then that party shall be responsible for all of the costs of compelling disclosure including reasonable attorney’s fees.
Immunity. The parties acknowledge that the Neutral is immune from any claim,suit or cause of action concerning any action taken as a Neutral. The parties also agree not to call the Neutral as a witness in any subsequent or collateral proceeding. If any party files a claim, suit or cause of action against the Neutral or calls the Neutral as a witness then the Neutral will be entitled to reasonable compensation for time expended as well as reasonable attorneys fees.