"Peer Mediation and Confidentiality Agreement" - City and County of San Francisco, California

Peer Mediation and Confidentiality Agreement is a legal document that was released by the Department of Human Resources - City and County of San Francisco, California - a government authority operating within California. The form may be used strictly within City and County of San Francisco.

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  • Released on April 13, 2021;
  • The latest edition currently provided by the Department of Human Resources - City and County of San Francisco, California;
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City and County of San Francisco
Department of Human Resources
Carol Isen
Connecting People with Purpose
Human Resources Director
www.sfdhr.org
Peer Mediation and Confidentiality Agreement
(San Francisco Department of Human Resources Mediation Program)
Participant #1 (Print Name): __________________________________________
Participant #2 (Print Name): __________________________________________
Mediator (Print Name): ______________________________________________
The participants in this mediation enter into this Peer Mediation and Confidentiality Agreement
(“Agreement”) and agree that:
1. The mediator is a neutral party with training as a peer mediator. The mediator will
meet with participants to facilitate an open discussion regarding unresolved issue(s)
between the participants. The participants have volunteered to participate in this peer
mediation and to work in good faith to reach a mutual understanding and resolve
outstanding differences.
2. The participants understand that the mediator does not have the power to decide disputed
issues for the participants. The mediator cannot render individual advice to any
participant and has the obligation to work on behalf of each participant equally.
3. The mediator will not record or transcribe the mediation, and the participants may not
record the mediation.
4. Except as expressly provided in this Agreement, all communications and discussions
during the mediation are confidential. Participants understand and agree that, except as
otherwise provided in this Agreement, the mediator and other participants will not and
may not disclose information from the mediation. This confidentiality obligation means
that neither the mediator nor any participant has an obligation or authorization to breach
the confidentiality of the process to report any alleged Equal Employment Opportunity
(“EEO”) violations or complaints disclosed in the mediation. Any participant with an
EEO complaint must separately report that complaint under any reporting method in the
City’s EEO Policy, including to a supervisor, departmental HR personnel, or the City’s
Department of Human Resources EEO Division.
5. Confidentiality will not extend to any threats of physical harm or incidents of actual
violence that occur during the mediation, or to any illegal conduct or threats of illegal
conduct.
6. This Agreement does not prevent disclosure of the fact that the participants agreed to
participate in the mediation or the fact that a mediation took place.
One South Van Ness Avenue, 4
th
Floor ● San Francisco, CA 94103-5413 ● (415) 557-4800
City and County of San Francisco
Department of Human Resources
Carol Isen
Connecting People with Purpose
Human Resources Director
www.sfdhr.org
Peer Mediation and Confidentiality Agreement
(San Francisco Department of Human Resources Mediation Program)
Participant #1 (Print Name): __________________________________________
Participant #2 (Print Name): __________________________________________
Mediator (Print Name): ______________________________________________
The participants in this mediation enter into this Peer Mediation and Confidentiality Agreement
(“Agreement”) and agree that:
1. The mediator is a neutral party with training as a peer mediator. The mediator will
meet with participants to facilitate an open discussion regarding unresolved issue(s)
between the participants. The participants have volunteered to participate in this peer
mediation and to work in good faith to reach a mutual understanding and resolve
outstanding differences.
2. The participants understand that the mediator does not have the power to decide disputed
issues for the participants. The mediator cannot render individual advice to any
participant and has the obligation to work on behalf of each participant equally.
3. The mediator will not record or transcribe the mediation, and the participants may not
record the mediation.
4. Except as expressly provided in this Agreement, all communications and discussions
during the mediation are confidential. Participants understand and agree that, except as
otherwise provided in this Agreement, the mediator and other participants will not and
may not disclose information from the mediation. This confidentiality obligation means
that neither the mediator nor any participant has an obligation or authorization to breach
the confidentiality of the process to report any alleged Equal Employment Opportunity
(“EEO”) violations or complaints disclosed in the mediation. Any participant with an
EEO complaint must separately report that complaint under any reporting method in the
City’s EEO Policy, including to a supervisor, departmental HR personnel, or the City’s
Department of Human Resources EEO Division.
5. Confidentiality will not extend to any threats of physical harm or incidents of actual
violence that occur during the mediation, or to any illegal conduct or threats of illegal
conduct.
6. This Agreement does not prevent disclosure of the fact that the participants agreed to
participate in the mediation or the fact that a mediation took place.
One South Van Ness Avenue, 4
th
Floor ● San Francisco, CA 94103-5413 ● (415) 557-4800
7. Except as provided in paragraphs (5) and (6) above, nothing said by the participants or
mediator during the mediation, and no material submitted during the mediation, is
admissible or subject to discovery, and disclosure of the evidence shall not be compelled,
in any arbitration, administrative matter, civil action, or other non-criminal proceeding in
which, pursuant to law, testimony can be compelled. Evidence otherwise admissible or
subject to discovery outside of this mediation shall not be or become inadmissible or
protected from disclosure solely by reason of a participant discussing or using it in this
mediation.
8. The participants agree that they may not and will not call the mediator to give evidence
in any investigation; disciplinary, administrative or court action; or any other
proceedings.
9. Any notes taken by the mediator during the mediation are solely an aide for the
mediator, and will be destroyed at the end of the mediation process. Notes are not
retained on file. Any notes taken by participants are subject to the terms of this
Agreement.
10. The mediation is a voluntary process. Participants agree to participate in the mediation
in good faith, however, the mediator or any participant may terminate or suspend the
mediation at any time.
11. If the participants reach a mutually acceptable agreement arising out of this mediation,
they will memorialize that agreement in a written document signed by the participants.
The participants may keep any documents produced during the mediation as a record
for themselves and, if both participants agree, may make such documents available to
departments or persons within the City and County of San Francisco to assist in
implementing the mediated agreement. The mediator will assist the participants in
preparing an agreement.
12. For the purpose of confidentiality, mediation begins when initial contact is made with
the mediator, and ends, apart from an agreement as described in Paragraph 11 above,
when: (i) a participant provides the mediator and other mediation participants with a
writing stating that the mediation is terminated, or words to that effect; or (ii) the
mediator provides the participants with a writing signed by the mediator that states that
the mediation is terminated, or words to that effect. Termination of a mediation does not
alter the participants’ obligations as specified in this Agreement.
13. The participants agree that the mediator will not be liable to any participant for any act
or omission in connection with this mediation. Further, the mediator will be disqualified
as a witness, consultant or expert in any pending or future investigation, action or
proceeding relating to the subject matter of the mediation, and will be prohibited from
providing testimony or producing documents from the mediation in such action or
proceeding.
Last Updated: April 13, 2021
I confirm that I agree with the above:
Signed................................................. Print.............................................. Date.....................
Signed................................................. Print.............................................. Date.....................
Signed................................................. Print.............................................. Date.....................
Signed................................................. Print.............................................. Date.....................
Last Updated: April 13, 2021
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