The Mediation Process Clause Examples
The Mediation Process. The purpose of the mediation process is to assist the parties in negotiating a fair and reasonable resolution of their dispute – a resolution that works better for the parties than their alternatives to settlement.
The Mediation Process. The process will include at a minimum, an opportunity for all parties to be heard, the identification of issues to be resolved, the generation of alternatives for resolution, and if the parties so desire, the development of a Memorandum of Understanding or Agreement.
The Mediation Process. The Parties agree to retain Xxxxxxxxx Law Corporation to provide the services of Xxx Xxxxxxxxx (the “Mediator”) to act as mediator to assist the parties to resolve matters respecting issues arising out of their separation.
The Mediation Process. 1.1 The Parties herein hereby express their willingness to engage in the mediation process for purposes of attempting resolution of their dispute.
1.2 The Parties appoint XXXXXXX XXX XXXXXXX (hereinafter referred to as the mediator) to assist them in the aforesaid mediation process.
The Mediation Process. Mediation is an informal process and will include at a minimum, an opportunity for all participants to be heard, the identification of issues to be resolved, the generation of alternatives for resolution, and if the participants agree, the development of a Memorandum of Understanding or Settlement Agreement. The mediation process is voluntary and may be terminated by any participant at any time.
The Mediation Process. This is a voluntary dispute resolution process. The Parties agree to participate in good faith in the mediation process. The Parties agree to comply with the schedule in Attachment A to this Agreement. The Parties agree to compensate the Mediator as set forth in Attachment B to this Agreement. The Parties and their Representatives with full settlement authority are required to attend mediation sessions. No one else may attend without the permission of both of the Parties and the consent of the Mediator. During the mediation sessions, the Mediator may conduct either joint and/or separate meetings with the Parties and their counsel. If a Party informs the Mediator that information is being conveyed to the Mediator in confidence, the Mediator will not disclose the information. Otherwise, the Mediator may disclose information to each of the Parties at his or her discretion If any Party wishes to terminate its participation for any reason, it may do so by giving notice to the Mediator and the other Parties. However, the Parties and the Mediator will continue to be bound by the confidentiality provisions of this agreement and will also continue to be bound by their agreement to pay to the Mediator for services rendered. The Parties agree that the Mediator is not acting as an attorney or providing legal advice on behalf of any Party, even though the Mediator may discuss legal issues with the Parties. In this regard, the Parties are relying upon the advice and counsel of their representatives,..
The Mediation Process. 7.1 The Parties (and the Mediator/s) agree that:
7.1.1 Mediation commences when the Agreement to Mediate is signed.
The Mediation Process. Because mediation is a process, not an event, the mediation starts at the time the Mediator is first contacted by the parties and/or their attorneys. The mediation will be deemed to have concluded if there has been no communication between the Mediator and the parties for a period of ten calendar days. Notwithstanding the provisions of Evidence Code § 1125(a)(5), communications between the Mediator and the parties shall remain confidential, as set forth below. Prior to the mediation session itself, the Mediator may hold one or more private telephone or video conferences with one or more parties and their attorneys. Mediator time spent in these conferences is considered part of the mediation process, for which the Mediator will charge, and are confidential as between the mediator and those parties. At the mediation session, itself, which may be conducted in person, by telephone or through a video-conferencing platform, the Mediator may hold joint sessions as well as private sessions/caucuses with only one party. Such caucuses are designed to improve the Mediator's understanding of the dispute and to explore settlement options. Information gained by the Mediator during a private caucus may be disclosed to another party if the Mediator deems it in the best interests of contributing to a resolution of the dispute, unless the Mediator is specifically instructed not to share the information with other parties.
The Mediation Process. Family mediation is a process in which a mediator, an impartial third party, facilitates the resolution of family disputes by promoting the parties’ voluntary agreement. The family mediator assists communication, encourages understanding and focuses the parties on their individual and common interests. The family mediator works with the parties to explore options, make decisions and reach their own agreements. The process may include: a) an orientation to mediation and exchange of information; b) a facilitated discussion of the specific issues; c) the generation of options for solution and the evaluation of those options; and, d) efforts to reach an agreement and put that agreement into writing.
The Mediation Process. Different mediations follow different procedures.