06/25/2012 Council Packet - Laserfiche WebLink

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• • • If this controversy or dispute is settled prior to the scheduled mediation, mediator will have the option to charge a fee for any time spent in scheduling, telephone calls, and/or reviewing materials that may have been submitted. 8. Ouaiifieations of Mediator. As further required by the Minnesota Civil Mediation Act, the participants to the mediation acknowledge and agree that the Mediator has disclosed in writing hereinafter his educational background and relevant training and experience in the field. The mediator has been licensed to practice law since 1976, is a graduate of University of North Dakota Law School, has been in private practice his entire career, and is certified as a Real Property Specialist by the Minnesota State Bar Association. 9. Minnesota Civil Mediation Act. Pursuant to the requirements of the Minnesota Civil Mediation Act, the mediator hereby advised the parties that: (a) the mediator has no duty to protect the parties' interest or provided them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect the parties' legal rights; and (c) the parties should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights; and (d) a written mediated settlement agreement is not binding unless it contains provisions that it is binding and a provision stating substantially that the parties were advised in writing of (a) through (c) above. 10. Agreement. This Agreement to Mediate is in full and complete agreement among all participants to the mediation, which includes all parties (hereinafter referred to in the singular as "party" and in the plural as "parties) to the controversy, respective counsel, any witnesses who participate in the mediation, and the Mediator. 11. Impartiality. The participants to the mediation also acknowledge that neither party knows of any circumstances that would cause reasonable doubt regarding the impartiality of the mediator. To the extent that the participants to the mediation know of such circumstances or to the extent the Mediator has made disclosures of such circumstances, the participants to the mediation waive any claim of bias or partiality on the part of the Mediator and agree to proceed with the mediation. 12. Alternative Dispute Resolution Privilege. Pursuant to Minn. Stat. § 595.02 subd. la, the Mediator, as the person presiding at any alternative dispute resolution proceeding established by this Agreement to Mediate, shall not be competent to testify, in any subsequent civil proceeding or Rriministrative hearing, as to any statement, conduct, decision, or ruling, occurring at or in conjunction with the prior proceeding, except as to any statement or conduct that could: (a) constitute a crime; (b) give rise to a disqualification proceeding under the rules of professional conduct for attorneys; or (3) constitute professional misconduct. 13. Voluntary Acknowledgment. The parties and their attorneys hereby voluntarily enter and agree to the terms and conditions in this Agreement to Mediate and affirm that they have read and understand its provisions, and have had the right and full opportunity to consider and review this Agreement to Mediate with counsel. All parties, and the Mediator must sign this Agreement to Mediate. - 3 -