This is an agreement between the undersigned (the „Parties“) and Tad Powers/Michael Marks of MarksPowers LLP („Mediator“), a mediation for the purpose of entering into mediation, Issues Related to: __________ Business units are represented by a senior with the power of resolution. Government authorities are represented by a high-level person authorized to resolution or, in the case of a government agency such as a school authority or selection committee that cannot send a full contingent, by a member of the governmental authority empowered to recommend approval of a transaction by the panel, pending in good faith for the panel to approve the member`s recommendation. In cases controlled in one way or another by insurance bodies, a representative of the settlement body is present next to the insured. `resolution authority` means the ability to access all of the party`s resolution resources; In most mediation cases, the parties involved enter into a number of agreements that will help them cooperate more effectively. 4. Confidentiality: Mediation is a transaction negotiation and is strictly confidential. No party may disclose the statements of other participants in the mediation. Mediation interviews, written and oral communications, proposals and unsigned settlement agreements are not permitted in any legal proceedings. Unless authorized by the parties, the Mediator shall not disclose confidential information that a party has made available to the Mediator. The parties agree not to ask the Mediator to testify through mediation or to provide documents from mediation in court proceedings. The only circumstances that allow the Ombudsman to breach confidentiality are: (1) if he reasonably believes that another person is in danger of harm or a well-founded suspicion of child abuse required by law; (2) if necessary to defend oneself in court; (3) if the parties jointly waive confidentiality in writing; or (4) as otherwise provided for by law. The parties shall authorise the Mediator to submit ADR reports requested by the competent court in the matter. 10.
When an agreement is reached, the parties or their counsel shall prepare all settlement documents or minutes of settlement and all disclosures. 9. Disputes: the parties agree to refrain from preventive manoeuvres and adversarial trials during the mediation procedure, unless an emergency requires otherwise. 2. Legal representation: The Ombudsman does not offer any legal advice and does not represent any of the parties. The parties must use their own lawyer for legal advice. Where the Mediator is the subject of an assessment of a question of law or assistance in the preparation of a settlement agreement, such assessment or assistance in the preparation of that contract is in his role as mediator and does not constitute legal advice to a party or representation of a party. (c) Any person who signs this document, whether or not he or she is a party to the dispute, agrees to be bound by the confidentiality provisions of this Agreement. Any person who signs on behalf of a company declares that he has the power to bind the company to the confidentiality rules contained in this agreement.
(b) The parties to this agreement agree that all messages and shared documents that cannot be found elsewhere in this mediation shall be transmitted without prejudice and shall not be used in discovery, cross-examination, hearing or otherwise by such or any other proceeding (d) any party who calls the Mediator as a witness, when a summons is issued against the Ombudsman or the Ombudsman is requested; he waives his right to invoke and enforce the confidentiality provisions of this Agreement with respect to the Ombudsman. .