MEDIATION AGREEMENT (CALIFORNIA)

 
Re:   _____________________________________________________________

 
In order to promote communication among the mediation participants and the mediator and to facilitate settlement of the dispute, the mediation participants agree as follows:

1. The mediation is subject to California Evidence Code Sections 1152.5, 1152.6 and 703.5 (see Code Sections document).
   
   
2. This Mediation Agreement (Agreement) extends to all present or future civil, judicial, quasi-judicial, arbitral, administrative or other proceedings, including, but not limited to, an action for breach of the implied covenant of good faith and fair dealing against an insurance company. See, White v. Western Title Ins. Co., 40 Cal.3d 870 (1985).
   
   
3. Disclosing privileged information to the mediator shall not result in a waiver of the privilege.
   
   
4. Notwithstanding Section 1152.5(a)(2), this Agreement and any written settlement agreement arising out of or otherwise resulting from the mediation will be admissible into evidence for the limited purpose of enforcing the terms of the settlement under California Code of Civil Procedure Section 664.6 (see reverse side) or otherwise.
   
   
5. Notwithstanding Section 1152.5(a)(3), the existence or terms of any settlement arising out of or otherwise resulting from the mediation will not be confidential as to non-mediation participants unless a separate written settlement agreement provides otherwise.
   
   
6. The mediator is a neutral intermediary and settlement facilitator and may not act as an advocate for any party. The mediator's statements do not constitute legal advice to any party. Accordingly, parties are strongly encouraged to seek legal advice from their own counsel. If the mediator assists in preparing a written settlement agreement, each party should have the agreement independently reviewed by their own counsel before signing it.
   
   
7. The mediation process may continue after the date appearing below. Therefore, the mediator's subsequent oral and written communications with the mediation participants in a continuing effort to resolve the dispute are subject to this Agreement.