By submitting the Agreement form (see link below), you are agreeing to the terms herein, subject to a clear conflicts check.
AGREEMENT TO MEDIATE
For good consideration by mutual promises, Capital City Mediations, LLC (“CCM” or the “Mediator”), and the undersigned parties hereby agree to mediate this civil dispute as follows:
1. MEDIATION PROCESS. Mediation is a non-adversarial, collaborative, consensual settlement negotiation that can only result in a resolution if all parties voluntarily agree. Nothing is mandatory in the mediation process. The parties agree and understand that mediation is not a substitute for independent legal advice. The parties are encouraged to secure such advice throughout the mediation process and are strongly advised to obtain legal review of any mediated agreement before signing that agreement.
2. GOOD FAITH. By signing this agreement, all parties pledge to cooperate and participate in good faith in all mediation sessions and to use their best efforts to obtain a mutual agreement. The parties must cooperate and act courteously and participate in good faith throughout the mediation and use their best endeavors to comply with reasonable requests made and procedural directions given by the Mediator in connection with the mediation.
3. MEDIATOR’S ROLE. The Mediator will not act as a judge nor as an attorney and will not offer legal advice. The Mediator shall be neutral and only act to facilitate a mutual agreement between the Parties. The Mediator’s opinions, suggestions or advice, if any, shall not be binding on anyone. The Mediator will not act as an arbitrator.
4. CAUCUS. Sometimes, the Mediator may convene a caucus (private meeting) with each party and their counsel for clarification of issues. Information developed during the caucus may be confidential between such parties and the Mediator, as indicated at the time. Such information will not be shared unless permission of that party is obtained.
5. CONFIDENTIAL AND PRIVILEGED. All that occurs during the mediation process shall be confidential and shall not be revealed in any subsequent legal proceedings or otherwise. All parties agree not to institute any action based on the mediation or to subpoena CCM to testify or produce any records or do anything, at any future legal proceedings. If any party does so, they hereby agree to indemnify and hold CCM including the individual serving in the role of mediator on behalf of CCM harmless for any liability, expense and cost, including attorney fees, incurred by CCM, or the individual serving in the role of mediator on behalf of CCM as a result of such action.
6. CONFLICTS OF INTEREST. The Mediator has, to the best of its knowledge, disclosed to the parties any prior dealings the Mediator has had with any of them and any interest the Mediator has in the dispute. If, in the course of the mediation, the Mediator becomes aware of any circumstances that might reasonably be considered to affect its capacity to act impartially, the Mediator will immediately inform the parties of those circumstances. The parties will then confer and, if agreed, continue with the mediation before the Mediator or terminate the mediation in accordance with this agreement.
7. PRIVILEGE. Subject to this agreement and any legal obligation, any admission, concession, proposal or other statement or document made, prepared or disclosed in connection with the mediation other than a binding settlement will
a. be “without prejudice”;
b. retain the benefit of (to any extent possible) any privilege, including legal professional privilege, that would otherwise have applied; and
c. not be disclosed in or relied upon or be the subject of a subpoena to give evidence or to produce documents in any arbitral or judicial proceedings.
8. SETTLEMENT. Any resolution of the dispute in whole or in part will not be binding until the parties have recorded their terms of settlement in writing in a document which is signed by all parties or their authorized representatives before the conclusion of the mediation and a copy provided to each party. The parties may agree that the terms of settlement be confidential except for the purpose of enforcement.
9. EXCLUSION OF LIABILITY. CCM or any individual serving as a mediator on behalf of CCM, will not be liable to a party except in the case of fraud by CCM for any act or omission by CCM or any individual serving as a mediator on behalf of CCM, in the performance or purported performance of CCM’s obligations under this agreement. The parties jointly and severally release CCM or any individual serving as a mediator on behalf of CCM, from and indemnify CCM or any individual serving as a mediator on behalf of CCM, against all liability of any kind whatsoever (whether involving alleged negligence or not) arising out of or in any way referable to any act or omission by CCM or any individual serving as a mediator on behalf of CCM, in the performance or purported performance of CCM’s obligations under this agreement.
10.ADMINISTRATION COST AND MEDIATION FEES. The fees for the mediation session are in accordance with the CCM Fee Structure previously provided to all parties (see website). Expenses, if any, are billed as incurred. For cases heard outside Fulton, DeKalb, Gwinnett and Cobb counties, the travel time is billed at $75.00 per hour. All fees, expenses, costs and travel time will be split equally among all parties, unless otherwise agreed in writing. The cost and fees are due when billed and our contract for services is with the attorney(s) for the parties. We expect payment from such attorney.
RER Mediation Agreement Form