DANA CURTIS MEDIATION


MEDIATION and CONFIDENTIALITY AGREEMENT





This Mediation and Confidentiality Agreement ("Agreement") is made between the undersigned parties or party representatives ("Party" or "Parties"), participants in the mediation (“Participants”) and mediator ("the Mediator").


1.  AGREEMENT TO MEDIATE.  The Parties agree to attempt to resolve their existing controversies in mediation and to work with Mediator Dana Curtis.


2. MEDIATOR'S ROLE/RELEASE.  The Mediator will act as a neutral third party.  The Mediator will not act as an attorney or advocate for any Party.  The Parties agree the Mediator will have no liability for any act or omission in connection with or arising out of the mediation, regardless of the outcome of the mediation.


3. CONFIDENTIALITY.  The Parties and Participants agree that the provisions of California Evidence Code sections 1115-1128 shall fully apply to this mediation and that all statements made in connection with or during the mediation are confidential mediation discussions.  They further agree that all statements are made without prejudice to any Party's legal position and shall be inadmissible for any purpose in any subsequent civil proceeding and that any information disclosed by or on behalf of a Party to the Mediator shall be confidential and shall not constitute a waiver of any privilege.  They also agree that the Mediator shall not testify and shall not be subpoenaed by a Party to testify in any future proceeding relating to this matter.  They agree that any files or notes created or maintained by the Mediator are solely for the Mediator's use and shall be destroyed following the termination of the mediation.


4. FEES.  The Parties agree to pay the Mediator's fee of $___ per hour for all time expended in connection with the mediation, including but not limited to intake, telephone calls, correspondence, study time, pre-mediation conferences, mediation and follow-up conferences and correspondence.  The Parties agree to share Mediator fees as follows:  _______________.


In order to reserve a mediation date the Parties agree to deposit estimated fees in the amount determined by the Mediator within seven days of the date of the pre-mediation telephone conference.  The Mediator agrees to refund any unused fees or invoice the Parties for fees exceeding the deposit immediately after the conclusion of the mediation.  The Parties agree to pay any additional fees immediately upon receiving the invoice and, if they fail to do so, they agree the Mediator may charge interest on the outstanding balance at the rate of ten percent per annum.


5.  CANCELLATION AND RESCHEDULING POLICY.  If the scheduled mediation is cancelled or rescheduled for any reason prior to two weeks before the mediation, the Parties agree to pay an administrative fee of $150.00 to the Mediator and the Mediator agrees to return all deposits.  If the scheduled mediation is cancelled or rescheduled for any reason with notice of between 7 and 14 days, the Parties agree that the Party responsible for the change shall pay to the Mediator a fee in the amount of one-half of the amount of the total deposit due from both Parties.  If the scheduled mediation is cancelled or rescheduled for any reason with notice of 6 days or less, the Parties agree that the Party responsible for the change shall pay to the Mediator the entire amount indicated in the Statement of Deposit.  If the Parties disagree as to who is responsible for the change, the Parties shall each pay their pro rata share of the amount due in the Statement of Deposit, without waiving any right to reimbursement by the other Party at a later time.  If the scheduled mediation is cancelled or rescheduled for any reason at any time and another matter can be scheduled in place of the cancelled or postponed mediation, the above cancellation or rescheduling fees do not apply, and the Party responsible for the change agrees to pay a fee of $150.00.



DATED: _______________________ and signed by persons whose signatures appear below.


MEDIATOR: _________________________________________


PARTIES:


________________________________________________________________

Printed Name   Signature


________________________________________________________________

Printed Name   Signature



PARTICIPANTS:


________________________________________________________________

Printed Name   Signature


________________________________________________________________

Printed Name   Signature


________________________________________________________________

Printed Name   Signature


________________________________________________________________

Printed Name   Signature

ABOUT   .   BIO   .   MEDIATION   .   TRAINING   .   CALENDAR   .   CONTACT