Most mediators or court administrators will provide you with a copy of the Guidelines for Mediation to sign before beginning your mediation session. Below is a sample listing of the information that is usually included in this form.
1. The parties understand that the purpose of the mediation is to attempt to find a mutually acceptable resolution of the dispute through cooperative attempts to solve the problems that presently separate them. To achieve a mutually acceptable resolution, the mediator, the parties and their counsel will work to ensure that each party understands the facts asserted and the contentions of all parties.
2. For mediation to be successful, open and honest communication, negotiations and statements are essential. The parties agree to make complete and accurate disclosure of all matters releveant to the process of settlement. This includes providing each party and the mediator with all relevant information that would be available in the discovery process in a legal proceeding. If a party deliberately withholds information or supplies false information relevant to the settlement, then the agreement reached in mediation may be set aside.
3. Information gathered in the mediation process is confidential and privileged. All such communications by the parties shall be treated as strictly confidential by the mediator and the parties. The mediator will not disclose any information learned during the mediation without the express permission of the parties. Confidential matters disclosed in a private meeting or caucus with one party will not be divulged to the other party without the consent of the party making the disclosure.
4. In order to maintain confidentiality, the parties agree not to call the mediator or any member of the mediation staff or court designee to testify as a witness at any proceeding nor to subpoena or otherwise seek discovery of any written materials in his/her/their possession developed for or in the course of the mediation.
5. The mediator cannot be prevented or excused from reporting crimes such as imminent threats of bodily injury or abuse to a child or party, or other such matters as which the law imposes this duty to report.
6. It is expressly understood by the parties that the mediator does not offer legal advice and is not functioning as an attorney, even if the mediator is in fact an attorney. The mediator's role is to aid the parties in seeking a fair agreement in accordance with their respective intrests. The construction of a proposed agreement and any question of law should be referred by the parties to their own legal counsel. All parties are encouraged to have an independent attorney look over any completed agreements.
7. The parties agree to participate, in good faith, in each scheduled mediation session. All parties agree to work toward resultion of the issues. Should it be impossible to reach an agreement, the case will proceed in regular fashion back through the court process.