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One of Canada's most experienced and qualified professional dispute resolution and conflict management service providers...offering services worldwide.

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Contact: Ian Szlazak
Resolution House Inc.
71 Rideau Terrace
Ottawa, Ontario, Canada  K1M 2A2
Tel: 613 746-9679
Fax: 613 746-6637
E-mail: iszlazak@resolutionhouse.com

Mediation without borders...

Mediation Agreement
The following is the text portion of the Resolution House private Mediation Agreement.

By signing this Agreement, the parties to the dispute, their counsel/representatives and the mediator indicate that they are committed to participating in a forthright, bona fide manner in the mediation process, with the common objective of attempting to resolve the matter(s) in dispute.

The parties agree to the following:

Authority to
Settle

1.

The parties will attend the mediation with the authority and ability to resolve issues and agree to a complete settlement of the matter(s) in dispute.

Mediator

2.

The parties agree that Ian Szlazak, Principal, Resolution House, will act as the mediator in this dispute. Prior to mediating, the mediator will declare any relationship he has with the parties, if any, and indicate that he is not acting, nor has he acted, as legal counsel to any of the parties. The intention of the mediator is to act as an independent, neutral third party who will assist the parties in resolving their dispute through discussion and negotiation.

Information
Disclosure

3.

The parties and their counsel acknowledge their understanding that full disclosure of all relevant information is essential to the mediation process. Accordingly, the parties and their counsel/ representatives agree to divulge all relevant information to each other and the mediator, including documentary information.

Mediator
Status and
Materials

4.

The parties agree that they will not call the mediator as a witness in any proceedings, including proceedings related to this matter, irrespective of whether the matter is resolved at mediation. The parties and the mediator agree that the notes, records and documentation made or received by the mediator in connection with this mediation are confidential and shall not be disclosed to anyone, including under subpoena. The parties acknowledge that the mediator has the discretion to destroy and/or dispose of such notes, records and documentation subsequent to the completion of the mediation. Should the mediator become involved in a subsequent dispute or proceedings as a result of actions taken by one or more parties, that party agrees to compensate the mediator for the time the mediator spends in connection with such dispute or proceeding at his private hourly rate and to pay the mediator's legal expenses and disbursements.

Mediator
Disclosure of
Information

5.

The parties agree that the mediator may disclose to any party or to a party's counsel/representative any information provided by another party where the disclosing party or their counsel/representative have given their consent to the mediator to do so and where the mediator believes the conveyance of such information will be beneficial to the resolution of the matter in dispute. The mediator will obtain instructions from the parties or their counsel/representative prior to disclosing information. The mediator will respect the overall confidentiality of the proceedings, except in situations where he has a reasonable belief that some disclosure to others is required to prevent a person from suffering bodily harm.

Mediation
Confidentiality

6.

The parties agree that, in order to maximize the effectiveness of the mediation process, verbal and written communications taking place at the mediation which would not otherwise be discoverable in a legal proceeding shall not be disclosed at discovery or through any other process. More particularly, the parties agree that the positions taken or admissions made by a party in connection with the settlement or resolution of an issue or the dispute shall be treated as confidential and privileged settlement negotiations and shall not be referred to without the written consent of that party. The exception to the above is that this Mediation Agreement and a written and signed settlement agreement related to this mediation may be referred to or used in subsequent proceedings, unless the parties enter into a written agreement not to do so.

Termination of
Mediation

7.

The parties acknowledge that it is their intention to continue with the mediation until a settlement is achieved or until the agreed-upon time set aside for the mediation has elapsed. The parties also acknowledge that any party may withdraw from the mediation at any time and that should a party decide to do so, best efforts will be made to discuss the decision with the other party(ies) and the mediator. Should the mediator determine that the mediation can serve no further purpose, he may initiate the termination of the mediation.

Settlements

8.

The parties agree that if a settlement of the dispute is achieved, the terms of the settlement will be carried out as soon as possible and the parties will put the settlement in writing or ask the mediator to do so. Difficulties in connection with the execution of a settlement may be referred to the mediator. The parties agree to provide the mediator with a copy of the signed settlement document(s).

Responsibility
for Payment
of Mediator

9.

The parties agree that each of them will be responsible for a proportionate share of the mediator's fees and any other charges incurred in connection with the mediation, the proportion corresponding to the number of the parties (eg. if two parties, each is responsible for one half of the fees, costs and disbursements). The Resolution House Mediation Fees and Charges Schedule sets out the applicable mediator's fees, charges and related terms and conditions of booking. Subject to the agreement of the mediator, the sharing of the cost of the mediation may be varied by the parties. Such variation will be made known to all parties and in no case will it have any bearing on the conduct or objectives of the mediator with respect to the substance of the mediation.

Other Terms
(Optional)

10.

The parties, with the consent of the mediator, further agree to the following terms (use additional page):


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