The goal of the mediation is to reach a comprehensive resolution of all aspects of the dispute.

Fees are the responsibility of the parties or their attorneys/firms that schedule the matter.

Each party at the mediation must have full settlement authority and participate in good faith negotiations. If applicable, claims personnel or others holding settlement authority must either attend the mediation or be available for immediate telephone contact.

The parties hereto agree as follows:

The mediation will be conducted pursuant to the confidentiality provisions of the California Evidence Code. The mediation process is to be considered settlement negotiation for the purpose of all state rules protecting disclosures made during such mediation conference from latter discovery or use in evidence. This applies to anything said, done or occurring in the course of the mediation, including any private discussion between the mediator and any party or counsel before or after the joint mediation session.

Further, in order to promote communication among the parties and the mediator and to facilitate settlement of the dispute, all parties agree that the mediator has no liability for any act or omission in connection with the mediation, and that they have received and agree to this confidentiality portion of the mediation procedures provided, all parties understand and intend that the mediator is fully protected by quasi-judicial immunity such that no claims can be asserted by any party against the mediator, arising out of or related to his service as a mediator.

The parties further agree as follows:
The mediator is a neutral intermediary who may not act as an advocate for any party. The mediator further agrees not to divulge substantive information to non-participants in this process.

All statements made during the course of the mediation are privileged settlement discussions, are made without prejudice to any party’s legal position, and are non-discoverable and inadmissible for any purpose in any proceeding.

The privileged character of any information is not altered by disclosure to the mediator. Disclosure of any records, reports, or all other documents received by or prepared by the mediator cannot be compelled. The mediator shall not be compelled to disclose or to testify in any proceedings as to (i) any records, reports or other documents received by or prepared by the mediator or (i) information disclosed or representations made in the course of the mediation or otherwise communicated to the mediator in confidence.

No aspect of the mediation shall be relied upon or introduced as evidence in any arbitral, judicial or other proceeding, included, but not limited to (i) views expressed or suggestions made by a party with respect to a possible settlement of the dispute; (ii) admissions made in the course of the mediation proceedings; and (iii) proposals made or views expressed by the mediator or the response of any party.

The parties further agree, however, that this agreement does not apply to any executed settlement agreement, and such settlement agreement may be introduced into evidence in any subsequent proceedings to enforce the terms of the settlement agreement.

Any party breaching this agreement shall be liable for, and shall indemnify the non-breaching parties and the mediator for all costs, expenses, liabilities and fees, which may be incurred a result of such breach.

If conducted in the State of California, California Evidence Code sections 1115 through 1128 (as amended effective January 1, 1998) shall apply to this mediation.