These agreements are generally a brief summary of important issues on which the parties have agreed and use the parties` own words to explain in detail how they decided to proceed. Agreements are absolutely confidential and can be used to jog people`s memories when they return to work. As agreements are confidential, they are not legally binding and cannot be mentioned in future proceedings. Participants also understood that the Ombudsman may suspend or terminate mediation if he or she believes that mediation results in an unjustified or inappropriate outcome, when the Mediator feels that a deadlock has been reached or when the mediator finds that he can no longer effectively exercise his or her role as mediator. 6. Conciliation Declarations: Contracting parties send written mediation statements to the Mediator and other contracting parties at least one week before the scheduled conciliation meeting. The written statements describe the positions of the contracting parties, previous comparative positions and contain all substantive documents (such as briefs, court decisions, contracts or opinions) necessary to enable the mediator to understand the dispute. The parties may also provide the mediator with a private statement (i.e. a statement that is not communicated to other parties) on issues or negotiating positions. 6. While all parties intend to continue mediation until a settlement agreement is reached, any party may withdraw from mediation at any time. This is an agreement between the undersigned (the “parties”) and Tad Powers/Michael Marks of MarksPowers LLP (“Mediator”) to mediate with the intention of resolving the problems associated with: `10.
If an agreement is reached, the parties or their lawyer will prepare a transaction document or a settlement report and possible authorizations. (i) the person signed the agreement for mediation; (ii) that the information is otherwise public; or (iii) the person to whom the information is provided is a legal or financial advisor to a party to this agreement; b) The parties agree that all communications and documents of this mediation, which cannot otherwise be discovered, will be transmitted on a non-harm basis and will not be used for discovery, cross-examination, court or other means, in this proceeding or in any other proceeding. The liability for intermediation costs and fees is only between the participants.