(b) The parties to this Agreement agree that all messages and shared materials that cannot be found elsewhere in this mediation shall be transmitted without prejudice and shall not be used for discovery, cross-examination, negotiation or other means by this or any other procedure.10 If an agreement is reached, the parties or their lawyer will prepare all transaction documents or minutes of settlement and all partitions. a) The parties to this agreement agree that communications and documents that are shared in this mediation will not be communicated to persons who are not parties to this mediation, unless: (c) any person who signs this document, whether or not a party to the dispute, agrees to be bound by the confidentiality provision of this agreement. Any person who signs on behalf of a company declares that he has the power to bind the company to the confidentiality rules contained in this agreement. (i) the person has signed the mediation agreement; (ii) the information is otherwise made public; or (iii) the person to whom the information is disclosed is legal or financial advisor to a Party to this Agreement.12 This agreement may be executed in return. (d) Any party who presents the Ombudsman as a witness, submits a summons against the Ombudsman or demands the publication of the Ombudsman waives his right to invoke and enforce the confidentiality provisions of this agreement with the Ombudsman. (6) While all parties intend to continue mediation until an agreement is reached, it is considered that either party may at any time resign from mediation. f) Notwithstanding the foregoing, this Mediation Agreement and any written agreement entered into and signed by the parties as a result of the mediation may be used in any relevant proceedings, unless the parties enter into a written agreement not to do so. The parties agree to agree on _____ ______ that at no time, before, during or after mediation, will they call the Mediator or any person related to ADR Chambers as witnesses in any legal or administrative proceedings concerning this dispute. Insofar as they have the right to call as witnesses the Ombudsman or any person related to ADR Chambers, this right is thus abolished. (b) The parties and their lawyers acknowledge that, notwithstanding the above-mentioned instructions, they are jointly and severally liable for the payment of the account in accordance with Rule 13(2) of the Mediation Rules of the Chambers of ADR*, with the exception of the matters referred to in paragraph 4(a), (b), (c) and (d). On behalf of [APPLICANT`S NAME], I have the power to build company loyalty.
9. The parties will have lawyers present at the mediation. At no time will the Mediator provide legal representation or legal advice to any party and is not required to assert or protect the legal rights and obligations of a party, to address issues that have not been raised by the parties themselves, or to determine who should participate in the mediation. 7. If the Mediator finds that it is not practicable or appropriate to continue the mediation, the Mediator may terminate the proceedings after notifying the parties of his unilateral decision on the matter. 11. The Mediator`s fee is $[_______ per day/half day and $[____] per hour for time spent beyond [______ p.m. The adr chambers` invoice for the Ombudsman`s fees, payments and administrative costs is: 5. The Ombudsman is not responsible for anything done or omitted with respect to mediation and has the immunity granted to a judge under the legislation in force in the province. .