CONFIDENTIALITY AGREEMENT

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File Name:  __________________________________________ File Number: ______________

 

The undersigned parties are attempting to resolve a dispute.  In order to promote communication among the parties and the mediator and to facilitate settlement of the dispute, all parties agree that the mediator has no liability for any act or omission in connection with the mediation, and further agrees as follows:

 

The mediator is a neutral intermediary who may not act as an advocate or provide legal advice for any party.

 

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.

 

Any information disclosed by a party, or by a representative of a party, or by a witness on behalf of a party, to the mediator is confidential; no privilege shall be affected by any such discourse.

 

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 testify in any proceedings as to information disclosed or representations made in the course of the mediation or communicated to the mediator in confidence.

 

No aspect of the mediation shall be relied upon or introduced as evidence in any arbitration, judicial proceeding, or other proceeding, including but not limited to:

 

• views expressed or suggestions made by a party with respect to a possible settlement of the dispute;

   

• admissions made in the course of the mediations; and

   

• 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 relying upon this agreement of confidentiality are disclosing sensitive business and/or personal information. The parties 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. The parties agree that if any party breaches this agreement, that party shall be liable for and shall indemnify the mediator for all costs, expenses, liabilities and fees, including attorney’s fees, that may be incurred as a result of such a breach. To the extent that they are applicable, state law and/or the Federal Rules of Evidence apply to this mediation.

 

Dated____________, _____________ and signed before commencement of the mediation by each of the persons whose signatures appear below.

 

 

                                                                                       

Mediator ____________________  Date_________  

                                                                                                                                                                        

Party ____________________________  Date_________                

 

Party ____________________________  Date_________

 

 

 

 

(Remaining Signatories Reverse Side)