By adding my signature below, I voluntarily agree to participate in mediation, even though it may or may not have been ordered by the court. The mediator has explained the process and will serve as the mediator. I understand and agree to the following guidelines:

1. Good Faith: I agree to enter into this mediation in good faith. This means I will sincerely attempt to resolve the issues at hand by participating fully, honestly, and genuinely in the search for fair and workable solutions.

2. Honesty: I agree to be honest and to completely disclose all relevant information and documents concerning this matter to the other party and the mediator. This includes all documentation that would be available through the discovery process in a normal legal proceeding. If either party fails to disclose fully and honestly, the agreement reached in mediation may be voided.

3. Courtesy: I agree to cooperate with the mediation process by remaining courteous throughout the session(s). I understand mediation can be an emotional experience and we will refrain from personal attacks and angry outbursts, and will respect the opinions, perceptions, and feelings of the other party(ies) in mediation.

4. Mediator: I understand that the mediator serves as a neutral third party whose purpose is to promote communication and help us reach a mutually satisfying agreement. He has no fixed result in mind and cannot decide our case. The mediator is neither advocate, attorney, nor judge and will not offer legal advice or render a judgment. The mediator is not a therapist or a counselor. To the extent the mediator drafts any documents, he is acting as only a scribe and is not providing legal advice. The mediator shall not be liable to any party for any act or omission in connection with the mediation.

5. Independent Advice: I understand that the mediator encourages me to consult with an attorney regarding my legal interests, rights and obligations. I have also been advised that consultation with other professionals, including a tax advisor or financial planner, may be advantageous in protecting my interests. I also understand that a therapist or family counselor could be helpful in addressing emotional and psychological concerns which may accompany involvement in a dispute.

6. Confidentiality: I understand that the mediation process requires open and honest communication in order to succeed. Therefore, it is completely confidential, and all written and oral communications made during the mediation are privileged settlement negotiations.The mediator will not reveal anything discussed in mediation without the permission of both parties. However, he is required to report certain matters such as incidents of child abuse, abuse of an elderly or incapacitated person, computer crimes, and/or threats of physical violence. Confidentiality does not extend to these matters.

The parties agree that they will not at any time during or after the mediation, call the mediator as a witness in any legal or administrative proceeding concerning this dispute. To the extent the parties may have a right to call the mediator as a witness, that right is hereby waived.

The parties agree not to subpoena or demand the production of any records, notes, work product or the like of the mediator in any legal or administrative proceedings concerning this dispute. To the extent that they may have a legal right to demand these documents, that right is hereby waived.

If at a later time, either party decides to subpoena the mediator, the mediator will move to quash the subpoena. We agree in the event the mediator is called to testify at any court or administrative proceeding or is requested to provide documents related in any way to the mediation, the party or parties requiring the information from the mediator will pay all attorney fees, costs, and any other related expenses incurred by the mediator in opposing a subpoena or other Court Order for the production of documents or the mediator’s testimony.

The parties understand that the mediator will close and destroy all of the notes taken at the mediation after the final mediation agreement has been sent, for confidentiality reasons.

The exceptions to the above are that this Agreement to Mediate and any written agreement made and signed by both parties as a result of mediation may be used in any relevant proceedings, unless the parties make agreement not to do so. Also, any matter that is admissible in a court of law continues to be admissible even though raised in a mediation session.

9. Caucus or Private Meetings: I agree that either party may hold private meetings with the mediator at their request, or the mediator’s request. The parties may specify what will remain confidential from these private sessions. No private meeting will occur without the mutual consent of both parties.

10. Withdrawal from Mediation: I understand that mediation is a voluntary process, and that either party may terminate the mediation at any time. The mediator also reserves the right to withdraw if they determines the issues cannot be resolved in mediation or that they are unable to provide the services necessary to reach resolution. If either party or the mediator decides to withdraw, I agree to discuss the decision with the other involved party(ies), and to confirm the termination in writing.