Acknowledgement of Mediation Ground Rules
(TO BE SIGNED AT HEARING)
ACKNOWLEDGMENT OF MEDIATION GROUND RULES
The parties acknowledge and agree to be bound by the following ground rules:
- Duty to Meet. The parties will attend scheduled mediation conferences. Continuances will be granted only for the most extraordinary and unforeseeable events. The mediator must receive a request for a continuance and reasons therefor at least 24 hours prior to the scheduled conference. The party requesting the continuance will also provide notice to other parties or their attorneys and will be responsible for rescheduling.
- Termination of Mediation. The effort to resolve the above-referenced issues through mediation may be terminated if the mediator, in his discretion, determines that the parties have reached impasse.
- Good Faith. The parties agree to negotiate in good faith. They may refuse to divulge information, but will not give false information.
- Mediator. The mediator does nor represent any of the parties. The mediator 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 actions. The function of the mediator is to promote and facilitate voluntary resolution of the above-referenced issues. The mediator 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.
- Confidentiality. The parties and the mediator agree to the following confidentiality provisions:
- All discussions, representations, and statements made during the mediation will be privileged as settlement negotiations. The 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. 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.
- The parties will not subpoena the mediator or any records or documents of the mediator in any legal proceedings of any kind. If so called or subpoenaed, the mediator 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 indemnity the mediator against any liabilities, costs or expenses, including reasonable attorney's fees, which the mediator may incur in resisting such compulsion.
- The mediator will not discuss the mediation process or disclose any communications made during the mediation process to any person.
- Fees. The parties agree to pay service fees of $________ per hour to the mediator for the mediation conference(s) and outside preparation time. The fees will be borne equally by the parties.
- Minnesota Civil Mediation Act. Pursuant to the requirements of the Minnesota Civil Mediation Act, the parties are hereby advised that:
- the mediator has no duty to protect the parties' interests or provide them information about their legal rights;
- signing a mediated settlement agreement may adversely affect the parties' legal rights; and:
- the parties should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights.
- Voluntary Acknowledgment. The parties and their attorneys hereby voluntarily sign this Acknowledgement in order to affirm that they have read its provisions.
Date: ________________________
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Mediator
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Address: _____________________ Address: _____________________
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