COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Style: ______________________ -against- Index No. Calendar No. : Civil Action File # _____________________________ JUDICIAL SUBPOENA Plaintiff(s) : MEDIATION GUIDELINES 1. The parties understand that the purpose of the mediation is to find a mutually acceptable : resolution of the issues they bring to each session. The mediator will lead negotiations to assist in developing a settlement that is acceptable to:the parties. The mediator does not make decisions for the parties. The mediator will not offer legal, financial or therapeutic advice to Defendant(s) any of the parties. The parties are encouraged to seek such advice independent of the : ...................................................... mediation. 2. For mediation to be successful, open and honest communication, negotiations and statements are essential. By OF NEW YORK THE PEOPLE OF THE STATE signing this agreement, the parties agree to make complete and accurate disclosure of all matters relevant to the process of settlement. This includes providing each party and the mediator with all relevant information which would be available in the TO discovery process in a legal proceeding. If a party deliberately withholds information or supplies false information relevant to the settlement, then the agreement reached in mediation may be set aside. GREETINGS: 3. Information gathered in the mediation process is confidential. Any statement made during a court-annexed or court-referred mediation or case evaluation or early neutral evaluation WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before conference is confidential, not subject to disclosure, may not be disclosed by the mediator, , the Honorable at the Court and may not be used as evidence in any subsequent administrative or judicial proceeding. located at County of Confidential matters disclosed in a private meeting or caucus with one party will not be in room , on to day of , consent at the party making the disclosure. and at any recessed , of o'clock in the noon, divulged thethe other party without the 20 or adjourned date, to testify and give evidence as a witness in this action on the part of the 4. Nothing in this agreement shall be construed to prevent or excuse the mediator from reporting such crimes, imminent threats of bodily injury or abuse to a child or another person. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 5. By signing this subpoena was parties acknowledge penalty under court damages sustained as a the party on whose behalf this agreement, all issued for a maximum they are of $50 and allorder from the result of your __________________ County _________________ Court, to mediate. All agree to failure to comply. participate, in good faith, in each scheduled mediation session. All parties agree to work toward resolution of the issues. If an agreement is reached, all parties will have ten (10) days Witness, Honorable one of the however, the to have it reviewed by their respective attorneys. Should it be ,impossible,Justices of to reach Court in County, 20 an agreement through day of mediation, the case, will then proceed in a regular fashion through the court process. 6. I understand that payment of the mediator shall be(Attorney mustservices are rendered at the rate at the time sign above and type name below) of $___________ per hour. 7. The parties will not hold the court, the mediation staff, or the mediator liable for the results of Attorney(s) for the mediation. The parties understand the mediation is a confidential settlement conference. Therefore, the parties hereby agree not to subpoena the mediator, mediation staff, or court designee to testify in court in any subsequent court action. Likewise, they agree not to subpoena any documents resulting from the mediation. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) I have read (or been read) and understand the above guidelines for mediation. -against: _____________________________________ _________________________ Signature Date : _____________________________________ _________________________ : Counsel* Date Defendant(s) : ...................................................... _____________________________________ _________________________ Signature Date _____________________________________ THE PEOPLE OF THE STATE OF NEW YORK Counsel* TO ____________________________________ Mediator’s Signature _________________________ Date ________________________ Date ____________________________________ GREETINGS: Mediator’s Printed Name WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before ____________________________________ ________________________ , the Honorable at the Court Mediator’s Signature Date located at County of in room ____________________________________ , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Mediator’s Printed Name Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to ___________________________, an observer maximum penalty of $50 the terms of the party on whose behalf this subpoena was issued for aof this mediation, agree toand all damages sustained as a confidentiality in this result of your failure to comply. agreement. ____________________________________ ________________________ Witness, , one of the Justices of the ObserverHonorable Date Court in County, day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com