"Agreement for Conduct of Mediation - Alabama Agricultural Mediation Program" - Alabama

Agreement for Conduct of Mediation - Alabama Agricultural Mediation Program is a legal document that was released by the Alabama Department of Agriculture and Industries - a government authority operating within Alabama.

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Download "Agreement for Conduct of Mediation - Alabama Agricultural Mediation Program" - Alabama

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AGREEMENT FOR CONDUCT OF MEDIATION
ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES
ALABAMA AGRICULTURAL MEDIATION PROGRAM
The undersigned hereby request to engage in voluntary mediation as conducted by representatives of the
Alabama Agricultural Mediation Program (AAMP) as a part of the Alabama Department of Agriculture and
with said representatives serving as mediator.
Brief description of the situation which brings the parties to mediation
All participants in the mediation process agree to abide by the Rules of Conduct located on page 2 of this document for voluntary
mediation. These Rules are hereby adopted as part of this agreement. Furthermore, it is the agreement of All participants in the
mediation process that all mediation discussions shall be confidential. The USDA, including the USDA Inspector General, the
Comptroller General of the United States, the Administrator, and any of their representatives will have access to pertinent records* as
necessary to monitor and to conduct audits, investigations, or evaluations of mediation services funded in whole or in part by the USD
All parties understand that the mediators do not legally represent any of the parties, and should a settlement be reached, all parties
agree that it may be necessary to consult with their attorneys or other representatives to implement the decisions reached in mediatio
It is further understood that al parties who voluntarily enter into the mediation process shall waive their right to take civil action against
the State of Alabama, the Alabama Department of Agriculture and Industries, the Alabama Agricultural Mediaiton Program, and the
designated mediator or agent of the mediation program and thereby release the State and its designated mediator from civil liability
within the scope of the mediation services.
Additional rules and/or agreements other than those stated in the Rules of Conduct are set forth as follows:
This Agreement for Conduct of Mediation is entered into on this ________ day of __________________, 20______
Name/Organization
Name/Organization
Name/Organization
Name/Organization
Name/Organization
Name/Organization
Name/Organization
Name/Organization
Mediator:
*For the purposes of this agreement, pertinent records consist of the names and addresses of applicants for
mediation services; dates mediations opened and closed; issues mediated; dates of sessions with mediators;
names of mediators; mediation services furnished to participants by the program; the sums charged to the parties
for each mediation service; records of delivery of services to prepare parties for mediation (including financial
advisory and counseling services); and the outcome of the mediation services including formal settlement results
and support documentation.
AGREEMENT FOR CONDUCT OF MEDIATION
ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES
ALABAMA AGRICULTURAL MEDIATION PROGRAM
The undersigned hereby request to engage in voluntary mediation as conducted by representatives of the
Alabama Agricultural Mediation Program (AAMP) as a part of the Alabama Department of Agriculture and
with said representatives serving as mediator.
Brief description of the situation which brings the parties to mediation
All participants in the mediation process agree to abide by the Rules of Conduct located on page 2 of this document for voluntary
mediation. These Rules are hereby adopted as part of this agreement. Furthermore, it is the agreement of All participants in the
mediation process that all mediation discussions shall be confidential. The USDA, including the USDA Inspector General, the
Comptroller General of the United States, the Administrator, and any of their representatives will have access to pertinent records* as
necessary to monitor and to conduct audits, investigations, or evaluations of mediation services funded in whole or in part by the USD
All parties understand that the mediators do not legally represent any of the parties, and should a settlement be reached, all parties
agree that it may be necessary to consult with their attorneys or other representatives to implement the decisions reached in mediatio
It is further understood that al parties who voluntarily enter into the mediation process shall waive their right to take civil action against
the State of Alabama, the Alabama Department of Agriculture and Industries, the Alabama Agricultural Mediaiton Program, and the
designated mediator or agent of the mediation program and thereby release the State and its designated mediator from civil liability
within the scope of the mediation services.
Additional rules and/or agreements other than those stated in the Rules of Conduct are set forth as follows:
This Agreement for Conduct of Mediation is entered into on this ________ day of __________________, 20______
Name/Organization
Name/Organization
Name/Organization
Name/Organization
Name/Organization
Name/Organization
Name/Organization
Name/Organization
Mediator:
*For the purposes of this agreement, pertinent records consist of the names and addresses of applicants for
mediation services; dates mediations opened and closed; issues mediated; dates of sessions with mediators;
names of mediators; mediation services furnished to participants by the program; the sums charged to the parties
for each mediation service; records of delivery of services to prepare parties for mediation (including financial
advisory and counseling services); and the outcome of the mediation services including formal settlement results
and support documentation.
RULES OF CONDUCT FOR VOLUNTARY MEDIATION UNDER
THE ALABAMA AGRICULTURAL MEDIATION PROGRAM (AAMP)
The purpose of these Rules of Conduct is to assist participants in the mediation process in the reaching of a settlement of the
matter submitted for mediation. The noted rules are necessary to protect the integrity and confidentiality of the mediation process,
the individuals involved, and the matters discussed. These rules are considered to be a part of the Agreement for Conduct of
Mediation and apply to voluntary mediation under the AAMP. The mediator assigned to the mediation case shall be immune from
civil liability for actions of conduct within the scope of the mediator's duties.
The purpose of the mediation session is to provide a controlled environment, wiherein the participants will have an opportunity to
resolve their differences outside the legal process. All parties are expected to participate in "good faith" in the mediation process
and be willing to seek agreement on the facts, agreement on the options that could lead to the management/resolution of the problem
The mediation session will be conducted by the mediator in such manner as to expeditiously permit full discussion of the issues.
Participants in mediation must understand and adhere to the confidentiality of the process and not fear that statements made during
mediation could later be used against them in a court proceeding. Mediaiton incorporates a different form of problem solving
than is employed in the adversarial system of litigation; however, the question of whether statements made of documents used by
any of the parties in mediation may be used as evidence in a court proceeding will be determined by applicable law.
Through adoption of these Rules of Conduct, all parties to the mediation process agree that the mediator may not be called as a
witness to testify in any proceeding arising from the controversy. Likewise, all parties agree that all records, files and documents
in the possession of the mediator are only available to the persons who are subject of this mediaiton and personnel of the AAMP
who need such information in order to perform their job. (Pertinent records are made available for evaluation and audit of said
program as outlined on page one of this form.)
Persons involved in mediation shall fully disclose all information, such as loan records, loan applications, farm plans, record of
payments, basis of appraisals and any other such information deemed appropriate by the mediator and/or personnel of the AAMP
to facilitate knowledgeable communication and ensure a full discussion of the issues.
Participants in mediation are encouraged to represent their particular interest; however, advisors/counsel may be present and
provide individual guidance outside the actual conduct of the mediation proceedings. Mediation will only be conducted after all
parties involved in the mediation process have agreed to the provisions contained in the Agreement for Conduct of Mediation and
signed said document.
Acknowledged:
(Please Initial)
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