This is an
Agreement between ____________________________,
_____________________, _________________________________,
______________________________, & Theresa E. Keves, MBA/TM,
hereinafter “mediator,” to voluntarily enter into mediation with
the intent of resolving all issue(s) regarding:
__________________________________________________________________________
__________________________________________________________________________,
The parties and the mediator understand and agree to the
following terms and conditions:
Nature of Mediation Process
The parties
hereby appoint Theresa E. Keves as their mediator for their
negotiations pertaining to the aforementioned issue(s). It is
understood by all parties involved that Theresa E. Keves, is not
an attorney, and will only serve as a mediator to assist them in
coming to an amicable resolution during the mediation process.
Furthermore, the parties understand that the mediation process
is to assist the parties in reaching an agreement in a
collaborative, voluntary and well informed manner with the
assistance of a 3rd party neutral.
Mediation
gives the parties the opportunity to discuss their issues using
an open and fair platform that differs from the format of the
United States Court System. Mediation is not a substitute for
independent legal advice. The parties may seek legal advice
throughout the mediation process, if they so choose.
The
mediator shall not offer individual legal advice, decide
disputed issues for the parties, render therapy or arbitrate
during the mediation process. Instead, the mediator helps the
parties to agree on a mutually acceptable resolution.
The parties
are aware that the mediator do not have any financial or
personal interest in the outcome of the mediation and must
disclose any circumstances that create a presumption of bias or
cause a delay in the mediation process.
Scope
of Mediation
The
mediators’ obligation is to work on behalf of all parties
involved. The mediation process is for the parties, with the
mediator’s consensus, for determining what the scope of the
mediation is and this will be established at the onset of the
mediation process.
Previous to Mediation Session
A Free ˝
hour meeting can be arranged with all parties involved in the
mediation process. The meeting entails descriptions of the
mediation process, what issues need to be discussed, offer
expectations for all participants and review the appropriateness
for the case being mediated.
Termination of Mediation
The
mediation process shall be terminated under any of the following
reasons, at any point during the mediation process:
a)
The mediator affirming that a settlement has been
reached.
b)
The mediator pronouncement that the mediation process
will lead to an unreasonable result.
c)
If the mediator feels that an impasse has been reached
during the course of the mediation procedure that will not allow an amicable
negotiation process to continue.
d)
The mediator feels that she can no longer facilitate in
an effective manner.
e)
A declaration by any party during the mediation that the
proceedings must be terminated.
f)
If conflict of interest arises, the mediator may also
discontinue the mediation process.
Confidentiality
It is
understood between the parties and the mediator that the
mediation is confidential. Any and All Mediation discussions,
drafts regarding the processes’ towards resolutions and any
unsigned mediation agreements shall not be admissible in a court
of law, administrative or any other proceeding pertaining to
disputes.
All parties
agree not to call the mediator to testify on their behalf
regarding the mediation process and neither will the mediator
provide the parties with any materials from the mediation
process to be used in a court of law or any other contested
proceeding between the parties. The mediation process is
considered between the mediator and the parties as a method for
settlement negotiations.
It is
agreed by all participants in the mediation process, as well
understood by all participants that the mediator may have a
confidential meeting(s) and discussions, known as caucus, with any individual
party. All discussions during caucus are confidential between
the mediator and the individual(s) in caucus, which the mediator
will disclose no information, unless otherwise agreed to do so
from the disclosing party.
Mediator Impartial and Neutral
The
mediator is a champion for all parties involved in the mediation
process and will not favor one party’s interest over another
party. The mediator is to remain impartial to the parties and
neutral to the results of the mediation process.
Mediation Fees
The parties
and the mediator agree that the fee for the mediator shall be
$250.00 per hour (unless otherwise discussed) for time spent
with the parties and for time required to study documents,
research issues, telephone calls, prepare draft(s), finalize
Agreements and do such other things deemed as reasonably
necessary to facilitate the parties reaching full Agreement.
$250.00 is
due prior to the mediation session. This amount is applied to
the total cost of the mediation session, with any/all remaining
balance paid immediately upon completion of each mediation
session. It is encouraged that all party members share in the
responsibility of payment for the mediation session(s). (See
Payment Methods – Below).
Disclaimer
DeNovo
Business Enthusiasts, LLC will not discriminate against
individuals of a particular, race, color, religion, sex
(including pregnancy), or national origin, or an individual with
a disability or class of individuals with disabilities.
DeNovo
Business Enthusiasts, LLC is equal and fair minded in serving
everyone combined with exemplary moral and ethical treatment to
is clients.
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Theresa
E. Keves, MBA/TM
DeNovo Business Enthusiasts, LLC
7047 East Greenway Parkway
Suite 250
480.272.9351 (Office) - 480.283.7270 (Cell) - 480.272.9198 (Fax)
All Rights Reserved 2011
