Mediation and Confidentiality Agreement Template - Monterey County, California

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MEDIATION AND CONFIDENTIALITY AGREEMENT
MONTEREY COUNTY COURT-DIRECTED MEDIATION PROGRAM
MEDIATION AND CONFIDENTIALITY AGREEMENT
This Mediation and Confidentiality Agreement is dated _________________, and entered into by and between
the undersigned parties and ______________________, Attorney at Law, who will serve in the capacity of
mediator pursuant to this agreement.
Applicable Law - This mediation shall be subject to the terms and conditions of
California Evidence Code
§§1115-1128, and the terms and conditions of the Monterey County Court-Directed Mediation Program Rules,
both of which are incorporated herein by reference as though fully set forth in this mediation agreement,
Confidentiality - All statements made in preparation of or during the course of this mediation are privileged
settlement discussions, are made without prejudice to any party's legal position, and are undiscoverable and
inadmissible for any purpose in any legal, administrative, or other proceeding.
The privileged character of any information is not altered by disclosure to ________________________, the
mediator. Disclosure of any statements made to the mediator in confidence, records, reports or other
documents received or prepared by the mediator cannot be compelled. The mediator shall not be compelled to
disclose or testify in any proceeding of any kind.
Mediator’s Services – The attorney-mediator’s services are offered to the parties on a pro bono (no fee) basis
for preparation time and two hours of mediation service. See Attachment A for a complete description of
voluntary fee options after expiration of pro bono services.
Signed before the commencement of the mediation by each of the persons whose signatures appear below:
Date:
______________________________________
Insert Name of Attorney, Mediator
Date:
Print Name of Party (1):_______________________________________
Signature of Party (1): ________________________________________
Print Name of Party (1) Attorney: ______________________________________
Signature of Party (1) Attorney: _______________________________________
Date:
Print Name of Party (2):______________________________________________
Signature of Party (2): ______________________________________________
Print Name of Party (2) Attorney: _______________________________________
Signature of Party (2) Attorney: _______________________________________
Case Name: _____________________ 
Case Number: ____________________ 
 
MEDIATION AND CONFIDENTIALITY AGREEMENT
MONTEREY COUNTY COURT-DIRECTED MEDIATION PROGRAM
MEDIATION AND CONFIDENTIALITY AGREEMENT
This Mediation and Confidentiality Agreement is dated _________________, and entered into by and between
the undersigned parties and ______________________, Attorney at Law, who will serve in the capacity of
mediator pursuant to this agreement.
Applicable Law - This mediation shall be subject to the terms and conditions of
California Evidence Code
§§1115-1128, and the terms and conditions of the Monterey County Court-Directed Mediation Program Rules,
both of which are incorporated herein by reference as though fully set forth in this mediation agreement,
Confidentiality - All statements made in preparation of or during the course of this mediation are privileged
settlement discussions, are made without prejudice to any party's legal position, and are undiscoverable and
inadmissible for any purpose in any legal, administrative, or other proceeding.
The privileged character of any information is not altered by disclosure to ________________________, the
mediator. Disclosure of any statements made to the mediator in confidence, records, reports or other
documents received or prepared by the mediator cannot be compelled. The mediator shall not be compelled to
disclose or testify in any proceeding of any kind.
Mediator’s Services – The attorney-mediator’s services are offered to the parties on a pro bono (no fee) basis
for preparation time and two hours of mediation service. See Attachment A for a complete description of
voluntary fee options after expiration of pro bono services.
Signed before the commencement of the mediation by each of the persons whose signatures appear below:
Date:
______________________________________
Insert Name of Attorney, Mediator
Date:
Print Name of Party (1):_______________________________________
Signature of Party (1): ________________________________________
Print Name of Party (1) Attorney: ______________________________________
Signature of Party (1) Attorney: _______________________________________
Date:
Print Name of Party (2):______________________________________________
Signature of Party (2): ______________________________________________
Print Name of Party (2) Attorney: _______________________________________
Signature of Party (2) Attorney: _______________________________________
Case Name: _____________________ 
Case Number: ____________________ 
 
Date:
Print Name of Party (3):______________________________________________
Signature of Party (3): ______________________________________________
Print Name of Party (3) Attorney: _______________________________________
Signature of Party (3) Attorney: _______________________________________
Date:
Print Name of Party (4):______________________________________________
Signature of Party (4): ______________________________________________
Print Name of Party (4) Attorney: _______________________________________
Signature of Party (4) Attorney: _______________________________________ 
 
Case Name: _____________________ 
Case Number: ____________________ 
 
MEDIATION AGREEMENT
ATTACHMENT “A”
PRO BONO SERVICES AND VOLUNTARY FEE STRUCTURE
MONTEREY COUNTY COURT-DIRECTED MEDIATION PROGRAM
The Mediation Agreement between (among) the parties and their legal representatives incorporates this
Attachment A as an integral component of the Mediation Agreement.
Pro Bono Mediation – The attorney-mediator is a member of the Monterey County Court-Directed Mediation
Program and offers his/her mediation services for no cost subject to the following terms and conditions:
a. Preparation time and Scheduling: Volunteer attorney-mediator will offer his/her time necessary to the
preparation of, scheduling, and coordination with the parties and their representatives prior to the
commencement of the scheduled mediation session(s) as a component of his/her participation in the court-
directed program;
b. Mediation Session: Volunteer attorney-mediator offers two (2) hours of his/her time as volunteer attorney-
mediator in working with the parties to reach a voluntary settlement (agreement) in their case. The two hours
will commence after the parties have signed the Mediation Agreement and at the time of the Mediator’s
Opening Statement. The two hours will include any necessary breaks, caucuses, recesses, or other
intermittent breaks from the formal mediation session, but will not include meal breaks or recess involving a
rescheduling of the mediation. The Mediator shall maintain accurate time records and those time records shall
be determinative in the calculation of accrued mediation time.
Voluntary Fee Option- At the expiration of the first two (2) hours of accumulated mediation time, the attorney-
mediator may offer to continue the mediation at the rate of $200/hour to be shared equally by the parties
(unless otherwise negotiated to the agreement of all parties and incorporated as a component of the signed
mediation agreement). The election of this option is VOLUNTARY and no party shall be compelled to
continue with paid mediation unless subject to the parties’ voluntary and signed commitment to such
fee schedule.
a. Voluntary Waiver by Attorney-Mediator - The volunteer attorney-mediator may waive the
imposition of voluntary fee at his/her discretion and subject to the agreement of the parties
to continue in the mediation process. This voluntary waiver is subject to the will of the
attorney-mediator and may be offered for a finite and defined period of time (e.g., one more
hour, two more hours, etc.)
b. After Six hours of Voluntary Compensation at $200/Hour- After six (6) hours of attorney-
mediation compensation at the $200/hour level that has been agreed to by the parties and
their attorneys, the attorney-mediator may
at his/her discretion offer to continue the mediation at his/her regular hourly
fee subject to the voluntary agreement of the parties.
Coordination of Payment of Agreed to Fees After Expiration of Pro-Bono Services. Superior Court of
California, County of Monterey Local Rules of Court
Page 119 January 1, 2010
Should the parties elect to continue with mediation after the expiration of the pro bono preparation and two
hour mediation, all such financial agreements shall be recorded by the attorney-mediator in the Mediation
Agreement or amendment thereto signed by the parties and their attorneys including the volunteer attorney-
mediator. Payments shall be made directly to the attorney-mediator and the Court will not oversee the
collection of payments. The Court, at its discretion, may postpone trial setting in a case that does not settle in
mediation pending full payment of agreed to attorney-mediator fees that remain unpaid.
Case Name: _____________________ 
Case Number: ____________________ 
 

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