This Agreement to Mediate (“Agreement”) is made by and among John E. Ohashi (“Mediator”) and the parties executing this Agreement.
1. Appointment. The parties hereby appoint Mediator to mediate and facilitate a settlement of the above referenced case. The Mediator shall serve as a neutral intermediary and not as an advocate for any party. Any statements made by the Mediator do not constitute legal advice to any party.
2. Voluntary Process. The parties understand that mediation is a voluntary process, which may be terminated at any time by any party or the Mediator.
3. Confidentiality. Each person attending the mediation, including, but not limited to parties, counsel, representatives, and witnesses must execute a Mediation Confidentiality Agreement.
4. No Service of Process at or near the site of the Mediation Session. No subpoena, summons, complaint, citation, petitions, writs, or other process may be served at or near the site of any mediation session upon any person entering, attending, or leaving the session.
5. Fees. The mediation fee is $3,000.00, which is due and payable at least two weeks in advance of the mediation. The parties shall determine their respective share of the mediation fee. The mediation fee will be refunded if the mediation is cancelled at any time before the scheduled mediation date. Mediator may charge travel costs for mediations held beyond the greater Los Angeles/Orange County/San Diego area.
1. The Mediation begins as soon as the Mediator is contacted by any of the participants. All communications, negotiations, and discussions in the course of the Mediation are deemed to be confidential, privileged, and inadmissible for any purpose in any proceeding, including, but not limited to all present and future civil, judicial, quasi-judicial, arbitral, administrative, or other proceedings.
2. Confidential information disclosed to the Mediator by any participant, including, but not limited to any party, counsel, representative, or witness in the course of the Mediation shall not be divulged by the Mediator unless the participant authorizes disclosure or disclosure is required by law. Confidentiality will not extend to threats of imminent physical harm or incidents of actual violence that occur during the Mediation.
3. The parties shall not subpoena or otherwise require the Mediator to testify or produce documents, whether received, reviewed, or prepared by the Mediator, relating to any matter arising from or in connection with the Mediation. The parties further agree that the Mediator will be held harmless for any claim arising from or in connection with the Mediation process.
