Mediators are not empowered to rule on a case and do not act as lawyers or lawyers for any party. The parties have the right to be represented during mediation. These agreements are generally a brief summary of important issues on which the parties have agreed and use the parties` own words to explain in detail how they decided to proceed. Agreements are absolutely confidential and can be used to jog people`s memories when they return to work. As agreements are confidential, they are not legally binding and cannot be mentioned in future proceedings. 10. If an agreement is reached, the parties or their lawyer will prepare a transaction document or a settlement report and possible authorizations. In most mediation cases, the parties involved reach a number of agreements that help them to cooperate better. 6. While all parties intend to continue mediation until a settlement agreement is reached, any party may withdraw from mediation at any time. 12. This contract may be executed in return.
5. The parties recognize that everything that is said or recommended by the Ombudsman is not said or recommended as legal advice, but as a comment to facilitate the mediation process. The parties recognize and agree that they will rely exclusively on the advice and recommendations given to them by their own legal representatives to decide whether or not to enter into a transaction. There are exceptions to the confidentiality rules of the law. For example, statements made with all other parties present or documents made available to all parties are not confidential. In addition, in unusual circumstances, a judge may order the disclosure of information that prevents a manifest injustice, contributes to the finding of an offence or prevents harm to public health and public safety. In addition, information relating to fraud and criminal activity or the threat of imminent damage in this mediation is not considered confidential. 9. The parties will have lawyers present at the mediation.
The Ombudsman will not legally represent or advise a party and has no obligation to assert or protect a party`s legal rights and obligations, not to address an issue raised by the parties themselves, or to determine who should participate in mediation. Participants are jointly responsible for the ombudsman`s fees and expenses. The liability for intermediation costs and fees is only between the participants. Legal representation: the Ombudsman does not advise any of the parties and does not represent any of the parties. Parties must maintain their own legal assistance for legal advice. When the Ombudsman presents an assessment of a question of law or assistance in the development of a transaction agreement, this assessment or editorial support is inherent in his or her role as mediator and does not constitute legal advice for a party or a representative of a party. 6. In the event of a transaction or partial agreement in mediation, it is the responsibility of the parties` lawyers to establish transaction documents and shares. This mediation is subject to the confidentiality provisions of the Administrative Dispute Settlement Act. The ADR Act focuses mainly on the protection of private communication between the parties and the Ombudsman.
In general, oral communications from the parties to the Ombudsman are protected during mediation. The same applies to written communication parties that prepare for mediation and give only to the mediator. If payment is not made on time, the Ombudsman may, at his sole discretion, suspend all work on behalf of the participants, including the drafting and/or distribution of the participants` agreement, and withdraw from mediation. This is an agreement between the undersigned (the „parties“) and Tad Powers/Michael Marks of MarksPowers LLP („Mediator“) to enter into mediation with the intention of encountering problems related to: