Agreement to Mediate

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IN RE: _________________________________________

The Parties agree to mediate one or more disputes which now exist between them. The Mediation will be conducted by a Professional Neutral appointed by Juridical Solutions PLC with the agreement of all parties under the following terms:

  1. Mediation is a process where the parties to a dispute retain the services of a neutral person known as a “Mediator” to assist them /pin determining whether an amicable resolution can be reached without having to proceed with or resort to litigation.
  2. The Mediator does not have any authority to make a determination of the issues in the case, but works with the parties and their attorneys to explore various options that may enable the parties to resolve the issues between them.
  3. The Mediator is not a legal adviser to the parties nor is the Mediator a Decision Maker or Fact Finder. The Mediator is a Senior Professional who has experience in resolving complex legal and factual issues, who will work with the parties and their counsel to attempt to find a mutually agreed resolution of their dispute.
  4. The Mediator may meet with the parties and/or their counsel in caucus when the other parties and/or their counsel are not present.
  5. In the course of the mediation process, the Mediator may, at the request of the parties, provide an evaluation of the factual and legal issues in the case, which evaluation will be made available for consideration by the parties and their counsel. The parties agree that such an evaluation is not legal advice, and that they will rely solely upon the advice of their attorneys for legal advice.
  6. If a draft agreement or any document is prepared by the Mediator at the request of the parties, the parties agree to have the document reviewed by their counsel and to be advised by their counsel as to the validity and/or acceptability of the agreement.
  7. It is agreed between the parties who have engaged Juridical Solutions PLC that neither Juridical Solutions PLC nor any Mediator supplied by it may be compelled to appear on behalf of any party at any judicial, regulatory or administrative proceeding. Furthermore, it is agreed that:
    1. Neither Juridical Solutions PLC nor any professionals supplied by it shall be required to preserve any documents it may have received or generated in connection with of the mediation process.
    2. Unless the parties agree in writing to the contrary, the settlement agreement or other agreement reached as a result of the mediation shall not be confidential.
  8. All Matters relating to the Mediation, except for a final agreement, shall be confidential except:Notwithstanding the provisions of paragraph 8, supra in any case where the dispute involves support of the minor children of the parties, financial information used to calculate child support, including information contained in the child support guidelines worksheet, may be disclosed by the parties to a court of competent jurisdiction for the purpose of computing a child support amount pursuant to § 20-108.2.
    1. where all parties to the mediation agree, in writing, to waive the confidentiality,
    2. in a subsequent action between the mediator or mediation program and a party to the mediation for damages arising out of the mediation,
    3. statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, which were not prepared specifically for use in and actually used in the mediation,
    4. where a threat to inflict bodily injury is made
    5. where communications are intentionally used to plan, attempt to commit, or commit a crime or conceal an ongoing crime,
    6. where an ethics complaint is made against the mediator to defend against such complaint,
    7. where communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against a party’s legal representative based on conduct occurring during a mediation
    8. where communications are sought or offered to prove or disprove any of the grounds listed in § 8.01-581.26 in a proceeding to vacate a mediated agreement, or
    9. as provided by law or rule.

       9. Notwithstanding the provisions of paragraph 8, supra in any case wher ethe dispute involves support of the minor chldren of the parties, finanacial information used to calculate chld support, including informaiton contained in the child support guidelines worksheet, may be disclosed by the aprties to a court of competent jurisdiction for the purpose of computing a child support amount pursuant to Section 20-108.2.

       10.  There shall be no stenographic transcript or any recording made during the mediation session.

       11.  When the date of an Mediation session has been scheduled by Juridical Solutions plc, if this session is canceled by one or more of the parties, less than 7 working days prior to the scheduled mediation, the parties and their counsel will be responsible to pay a cancellation fee equal to four (4) hours of the Mediator’s hourly rate as set forth in paragraph 12, infra.

       12.  Juridical Solutions PLC agrees to provide the services of __________________________________________ as the Mediator in this case. The Mediator’s fee is: __________________________ ($________) per hour. There will be a four (4) hour minimum charge for each mediation.  Any travel time in excess of one (1) hour will be charged at the rate of FIFTY PERCENT (50%) of the Mediator’s hourly rate, plus reasonable travel and accommodation expenses.

       13.  The Mediator’s hourly rate will be charged for all of the time (excluding one (1) hour of travel time) that is required for the Mediator to perform his/her functions including, but not limited to, review of parties’ submissions prior to the mediation session, mediation sessions, post-mediation, time for subsequent conference calls (if needed), and preparation of any documents requested by the parties.

       14.  Unless agreed otherwise, the mediation or arbitration fee shall be apportioned equally among the parties. 

       15.  When a party is represented by an attorney, the attorney and his or her law firm shall be responsible for paying to Juridical Solutions, PLC the amounts it bills for the services rendered under this contract.

       16.  All invoices for Professional Services Rendered shall be due and owing upon presentment.

        17.  If the parties desire Juridical Solutions PLC to provide a venue for the mediation session and/or catering services, such will be provided, and the parties, if requested, will advance appropriate funds prior to the mediation session.

        18.  If the Mediation is being conducted pursuant to an Order of Reference from a Federal Court, the Mediation will be governed by Federal Alternative Dispute Resolution Act (20 U.S.C. §651, et seq.).

        19.  If the Mediation involves citizens of different nations at least one of which is domiciled outside of the United States, the Mediation shall also be governed by the Model Law adopted by the United Nations’ Commission on International Trade Law (UNCITRAL), (approved by the United Nations General Assembly on November 19, 2002 and any amendments or supplements, thereto. If a conflict arises between this Agreement to Mediate and UNCITRAL, this Agreement shall control.

        20.  All Mediators supplied by Juridical Solutions PLC subscribe to the “Standards of Ethics and Professional Responsibility for Certified Mediators” promulgated by the Supreme Court of Virginia.

        21.  The Mediator, Juridical Solutions PLC, and its employees, agents and independent contractors supplied by it shall not be liable to the parties for any act or omission relating to this Mediation.

For the mutual and the valuable consideration of seeking to avoid litigation or further litigation and the related costs, the parties enter into this Agreement as a binding contract.

___________________________ _____________________________
Signature of Party Signature of Party
___________________________ _____________________________
Printed Name of Party Printed Name of Party
Date: _____________________ Date: _______________________
___________________________ _____________________________
Signature of Counsel Signature of Counsel
___________________________ _____________________________
Printed Name of Counsel for Party Printed Name of Counsel for Party
___________________________ _____________________________
Address of Counsel Address of Counsel
___________________________ _____________________________
___________________________ _____________________________
City/State/Zip Code City/State/Zip Code
___________________________ _____________________________
E-mail address E-mail address
___________________________ _____________________________
Telephone      FAX Telephone      FAX
Date: _____________________ Date: _______________________
By: ______________________________________________
Date: ____________________________________________
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