MEDIATION AGREEMENT (FEDERAL)

 
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 Rule 408 of the Federal Rules of Evidence.
   
   
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.
   
   
3. Evidence of anything said or of any admission made in the course of the mediation is not admissible in evidence or subject to discovery, and disclosure of this evidence shall not be compelled, in any civil action or proceeding in which, pursuant to law, testimony can be compelled to be given.
   
   
4. Unless the document otherwise provides, no document prepared for the purpose of, or in the course of, or pursuant to, the mediation, or copy thereof, is admissible in evidence or subject to discovery, and disclosure of such a document shall not be compelled, in any civil action or proceeding in which, pursuant to law, testimony can be compelled to be given.
   
   
5. Disclosing privileged information to the mediator shall not result in a waiver of the privilege.
   
   
6. Evidence otherwise admissible or subject to discovery outside of mediation shall not be or become inadmissible or protected from disclosure solely by reason of its introduction or use in a mediation.
   
   
7. The mediator shall not be competent to testify, in any subsequent civil proceeding, as to any statement, conduct or decision occurring at or in conjunction with the mediation. If the testimony of a mediator is sought to be compelled in any action or proceeding as to anything said or any admission made in the course of the mediation, the court shall award reasonable attorney's fees and costs to the mediator against the person or persons seeking that testimony.
   
   
8. Notwithstanding Rule 408, 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.
   
   
9. Notwithstanding Rule 408, 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.
   
   
10. 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.
    
    
11. 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.