06/25/2012 Council Packet - Laserfiche WebLink

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any binding decisions or recommendations or to compel the making of any agreement or the ranting of any concession. The mediator(s) does not represent any of the parties. The mediator(s) has no duty to provide advice or information to a party or to assure that a party has an understanding of the problem and the consequences of his/her actions. The function of the mediator(s) is to promote and facilitate voluntary resolution of the above - referenced dispute. The mediator(s) has no responsibility concerning the fairness or legality of the resolution. Neither party knows of any circumstances which would cause reasonable doubt regarding the impartiality of the mediator(s). 6. Confidentiality. The parties and the mediator(s) agree to the following confidentiality provisions: (a) All discussions, representations, and statements made during mediation will be privileged as settlement negotiations. Parties agree that they will not attempt to discover or use as evidence in any legal proceeding anything related to the mediation, including any communications or the thoughts, impressions or notes of the mediator(s). No document produced in mediation which is not otherwise discoverable will be admissible by any of the parties in any legal proceedings for any purpose, including impeachment. (b) Notes, records and recollections of the mediator are confidential, which means that they shall not be disclosed to any persons except administrative staff of the mediator as necessary, unless (1) all the parties and the mediator agree to such disclosure or (2) required by law or other applicable professional codes. (c) The parties will not subpoena the mediator or any member of his staff, or any records or documents of the mediator(s) in any legal proceedings of any kind. If so called or subpoenaed, the mediator(s) may refuse to testify or produce the requested documents. Should any party attempt to compel such testimony or production, such party shall be liable for, and shall indemnify the mediator(s) against any liabilities, costs or expenses, including reasonable attorneys' fees which the mediator(s) may incur in resisting such compulsion. (d) The mediator(s) will not discuss or disclose any communications made during the mediation process to any persons without the permission of the appropriate party or parties, except as required by law or court order. 7. Fees. The parties agree to pay the Mediator $275.00 per hour for preparation time for the mediation and for the mediation services, and for reasonable expenses. The mediator also bills for the preparation time of reviewing your submissions, for travel, and for parking expenses. The fees shall be borne equally by the parties unless otherwise determined by the parties during mediation. Counsel to the parties hereby expressly agrees that Mediator is retained by the attorney and the amount due from each side shall be paid by the attorney for the respective party upon receipt of the Mediator's fee statement. The parties agree that they are jointly and severally liable for any unpaid fees and expenses. Interest at the rate of 18% per annum shall be added and due in the event that the Mediator's fees are not timely paid. If collection becomes necessary, the delinquent party shall pay fee, including any attorney fees, and costs associated therewith. - 2 - • • •