Agreement To Mediate Form. This is a Virginia form and can be use in Supreme Court Statewide.
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AGREEMENT TO MEDIATE We the undersigned parties agree to voluntarily enter the mediation process and understand and consent to the following: 1. Definition of Mediation: Mediation is a process in which a neutral facilitates communication between the parties and, without deciding the issues or imposing a solution on the parties, enables them to understand and reach a mutually agreeable resolution to their dispute. 2. Role of the Mediator: The mediator acts as a facilitator, not an advocate, judge, jury, counselor, or therapist. The mediator assists the parties in identifying issues, reducing obstacles to communication, maximizing the exploration of alternatives, and helping parties reach voluntary agreements. 3. Mediator’s Style/Approach: For example, this is what a facilitative mediator might state: The mediator uses a facilitative approach. The mediator facilitates the parties’ conversation and discussion of issues that are important to them without providing an opinion or judgment regarding the merit of the claims or the likely judicial outcome. The mediator can assist the parties in assessing the strengths and weaknesses of their case but will not tell the parties what to do or suggest a particular outcome. 4. 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. 5. Other procedures to be used during the mediation include: For example, an explanation of caucus and/or other procedures as described in the Standards of Ethics and Professional Responsibility for Certified Mediators, D.2.c. 6. Confidentiality: All memoranda, work product and other materials contained in the case files of a neutral or dispute resolution program are confidential. Any communication made in or in connection with the dispute resolution proceeding which relates to the controversy, including screening, intake, and scheduling a dispute resolution proceeding, is confidential. Confidential materials and communications are not subject to disclosure in discovery or in any judicial or administrative proceeding except (i) where all parties to the dispute resolution proceeding agree, in writing, to waive confidentiality, (ii) in a subsequent action between the neutral or dispute resolution program and a party to the dispute resolution proceeding for damages arising out of the dispute resolution proceeding, (iii) statements, memoranda, materials, and other tangible evidence, otherwise subject to discovery, which were not prepared specifically for use in and actually used in the dispute resolution proceeding, (iv) where a threat to inflict bodily injury is made, (v) where communications are intentionally used to plan, attempt to American LegalNet, Inc. www.FormsWorkflow.com commit, or commit a crime or conceal an ongoing crime, (vi) where an ethics complaint is made against a neutral by a party to the dispute resolution proceeding to the extent necessary for the complainant to prove misconduct and the neutral to defend against such complaint, (vii) where communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against a party’s legal representative based on conduct occurring during a mediation, (viii) where communications are sought or offered to prove or disprove any of the grounds listed in Section 8.01-576.12 in a proceeding to vacate a mediated agreement or (ix) as provided by law or rule. 7. Mediators are mandatory reporters of child abuse. (Virginia Code Section 63.2-1509) This information will not remain confidential. 8. In domestic relations cases involving divorce, property, support or the welfare of a child, each party agrees to provide substantial full disclosure of all relevant property and financial information. 9. The mediator does not provide legal advice. Parties are encouraged to seek the advice of independent counsel at any time. Any mediated agreement may affect the legal rights of the parties. Each party to the mediation should have any draft agreement reviewed by independent counsel prior to signing the agreement. 10. An explanation of the fee arrangement if applicable. Plaintiff/Petitioner Date Plaintiff/Petitioner Attorney Date Respondent Date Respondent Attorney Date Mediator Mediator American LegalNet, Inc. www.FormsWorkflow.com