The parties and the Ombudsman agree that the fee for the mediator is per hour for the time spent with the parties and for the time required to study the documents, research questions, correspondence, telephone call, drafting of final projects and agreements, and do the things carefully necessary to facilitate the full agreement of the parties. The Ombudsman is also compensated for all imzisanites as part of the mediation process. The parties agree that the mediator can discuss the parties` mediation process with any lawyer whom each party can retain as an individual advisor. These discussions will not involve negotiations unless the parties tell the Ombudsman that their lawyers have bargaining power. The Ombudsman provides copies of correspondence, draft contracts and written documents to an independent lawyer at the request of a party. The parties appoint and retain James C. Melamed, J.D., counsel, as mediator. The parties understand that mediation is a process of meeting agreements in which the mediator assists the parties in the common and informed agreement. It goes without saying that the mediator is not empowered to rule on the questions put to the parties. The parties understand that mediation is not a substitute for independent legal advice. Parties are encouraged to consult throughout the mediation process and it is recommended that a legal review be independent of any formal mediation agreement before signing the agreement.
The parties understand that the Ombudsman is required to work on behalf of all parties and that the Ombudsman cannot provide individual legal advice to a party and will not perform any therapy or conciliation in mediation. A payment of the Ombudsman`s expenses and expenses is paid to the Ombudsman at the same time as the signing of this agreement. The unearned amount of these deductions is refunded to the parties. The parties are jointly liable for the costs and costs of the mediator. Responsibility for intermediation costs and costs rests solely with the parties: Conciliation Statements: Contracting parties provide the Mediator and other contracting parties with written mediation statements at least one week prior to the scheduled conciliation meeting. The written statements describe the positions of the contracting parties, previous comparative positions and contain all substantive documents (such as briefs, court decisions, contracts or opinions) necessary to enable the mediator to understand the dispute. The parties may also provide the mediator with a private statement (i.e. a statement that is not communicated to other parties) on issues or negotiating positions.
This is an agreement between the undersigned (the “parties”) and Tad Powers/Michael Marks of MarksPowers LLP (“Mediator”) to mediate with the intention of resolving problems related to: – There are links below to three type written agreements. Each agreement is different and, in some cases, no written agreement is reached, so these serve only to illustrate. For accessibility, the following agreements have been established, but they are generally written and distributed informally before the parties leave mediation.