At the commencement of the mediation session, all mediation parties and other participants shall be requested to sign the following IMG Mediation Confidentiality Agreement:
IMG Mediation Confidentiality Agreement
The undersigned parties are attempting to resolve a
dispute through the use of mediation with the
assistance of IMG mediators.
The parties understand that the mediator(s) is acting exclusively
in a neutral capacity, is not acting as an advocate for any party to
the mediation and that representations by the mediator(s) are
neither intended by the mediator(s), nor shall they be construed
by the parties, as legal advice of any kind.
The parties further understand that they are free to consult with
legal counsel of their own choice at any time, should they decide
to do so.
In order to promote communication and to facilitate the
mediation process, the parties and participants agree that all
statements, conduct, admissions, promises, offers, views or
opinions, whether oral or written, made during the mediation or
during the convening of the mediation, by any party or party's
agent, employee, or attorney, are confidential, are privileged
settlement discussions made without prejudice to any party's
legal position and, where appropriate, shall be considered
privileged work product. Furthermore, any statements, conduct,
admissions, promises, offer, views or opinions, whether oral or
written, made during the convening of the mediation and/or during
the course of the mediation itself by any party or a party's agent,
employee, or attorney, are neither admissible nor subject to
discovery for any purpose in any legal, adjudicative or
administrative proceeding.
This agreement of confidentiality extends to all information
disclosed during the convening of the mediation and/or during the
course of the mediation itself, including but not limited to all
statements made by all mediation participants (the mediator(s),
parties, their attorneys or other representatives, witnesses,
advocates, support persons, observers etc.)
Specifically, and without limiting the foregoing, the parties and all
other participants agree that they will not seek or will they
encourage or permit another party or participant to seek to compel
the mediator to disclose any such confidential information in any
legal, adjudicative or administrative proceeding, or in discovery, or
otherwise.
The parties further agree that they may not introduce into
evidence, or use for any other purpose whatsoever, any
statements made by the mediator, whether written or oral.
The parties further agree that all disclosures made during
the convening of the mediation and/or the course of the mediation
are conditioned upon this promise and agreement of
confidentiality.
The parties further agree that the provisions of all state
and federal rules protecting disclosures made during
settlement negotiations or mediations from later discovery or use
in evidence shall apply to any mediation conducted
hereunder.
The parties and participants further agree that a breach of this
agreement shall cause irreparable injury and that monetary
damages shall not be an inadequate remedy since the parties are
relying on this promise of confidentiality insofar as choosing to
disclose sensitive or private business or personal information
during the mediation. The parties therefore agree and stipulate
that any party or participant to this agreement may obtain an
injunction, a protective order or other appropriate relief to prevent
disclosure of any of the aforementioned information in violation of
this mediation confidentiality agreement.
If any party or participant breaches this agreement, that party or
participant shall be liable to the other (party, participant and/or
mediator) for all costs, expenses and fees, including attorney's
fees and the reasonable value of the other's (party, participant's
or mediator) time in representing himself, herself or itself, incurred
as a result of this breach, and further, said breaching party or
participant shall indemnify the other (party, participant and/or
mediator) for the same.
Dated: ____________________
Signed before the commencement of the mediation by
each of the persons whose signatures appear hereunder:
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USA * Europe * Africa
Copyright (c) IMG LLC. All Rights Reserved. No
part(s) of this
information may be reproduced, stored in a retrieval system, or
transmitted
in any form or by any means--electronic, mechanical, photocopying,
recording or otherwise--without the express written permission of the
copyright owner.
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