UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------------------- In the matter of: CONFIDENTIALITY AGREEMENT Civil No.FOR THE CONDUCT OF EARLY NEUTRAL EVALUATION ----------------------------------------------- The parties hereto in this matter agree that the mediation proceedings, including anystatement made or document prepared by any party, attorney, other participant, or by themediator are confidential and privileged information, and will not be disclosed or referred to inany subsequent proceeding or document, or construed for any purpose as an admission againstinterest. Any documents submitted to the mediator and any statements made during the mediationproceedings are for settlement purposes only. The confidentiality of the mediation proceedings does not extend to threats of imminentphysical harm. The parties understand and agree that the mediator has no authority to decide the case andis not acting as an advocate or attorney for any party. The mediator has no authority to compelresolution of the dispute. The parties understand that the mediation is voluntary and may beterminated at any time, either by agreement of the parties or at the discretion of the mediator if themediator believes an impasse has been reached. Proceedings before the mediator will be informal and the rules of evidence do not apply. No record, stenographic or tape recordings of the meetings will be made. The mediators notesare confidential and will not be revealed. The mediator will not be subpoenaed to produce anydocuments submitted to the mediator. In no event will the mediator testify on behalf of a party. No party will be bound by anything said or done at the proceedings unless an agreementor settlement is reached and approved by the appropriate authorities for all parties. If a settlementis reached, it will be reduced to writing and signed by all parties, and will be filed with the Clerk,U.S. District Court. Date ________________ _________________________________________________________________________ Plaintiff DefendantBy:____________________________________By:_______________________________ Signature Signature Witnessed: ___________________________________________ Signature of Evaluator