Your Business Pak/BusinessPak2.iso/Pca/_SETUP.1/MEDIATE.BLD

Text File | 1997-07-22 | 5KB | 172 lines

#100
@001 Enter the name of the 1st PARTY:
~Enter the name of the first party to the dispute. Order is not
~significant.
@002 Enter the name of the 2nd PARTY:
~Enter the name of the second party to the dispute. Order is not
~significant.
@003 Describe the nature of the dispute:
~Explain the dispute. For example: automobile accident.
@999 Enter the deadline for mediation:
#101 Will statute of limitations be tolled during mediation?
~If this matter is near the expiration of the statute of
~limitations, select whether or not the statute of limitations
~will be tolled (stopped) during the mediation.
#102/#103 The parties:
~Select whether the parties have agreed on an identity.
have decided on a mediator
will attempt to decide on a mediator
#if#102
@666 Enter the name of the MEDIATOR:
~Enter the name of the mediator.
#endif
#if#103
@004 Enter the number of days to name proposed mediators:
~Enter the number of days to be allowed to name mediators as a
~numeral.
#endif
#104/#105 The mediation rules:
~Select the rules that will be used for mediation.
shall be set by reference to a state law
will be stated in this agreement
#if#104
@005 Enter the applicable state's law:
~Enter the name of the state law that will be applied to the
~claim.
#endif
@006 Enter the terms for payment of the mediator:
~Enter the allocation for the payment of the mediator between the
~parties.
#106
#end control section
#100



AGREEMENT FOR MEDIATION OF DISPUTE


@001, referred to as the 1st PARTY, and @002, referred to as the
2nd PARTY, agree:


A dispute has arisen concerning @003. The parties herewith agree
that each shall forego litigation of the dispute until @999, and
shall submit the dispute to mediation under the terms and
conditions set forth herein.

#101

The parties agree that during the period of mediation, and for a
period of 10 days after impasse of mediation is declared, the
statute of limitations shall be tolled. Provided, however, that
any party may assert as a defense that any statute of limitations
or other form of issue preclusion through lapse of time which
occurred prior to this agreement may be plead and litigated
should there be an impasse and litigation ensue.

#102

The parties select @666 to act as the Mediator.


#103

The parties shall endeavor to select a Mediator jointly. In the
event that the parties are unable to select a mediator within
@004 days of this agreement, the parties shall select a mediator
by lot, which each party nominating a mediator, and a flip of a
coin determining which party's nominee shall act as the
mediator.


#104

This mediation shall be governed by the laws of the State of @005
regarding mediation. In the event that the only laws of the State
which relate to mediation pertain to mediation commenced after a
suit is filed, such rules shall apply to the extent possible.




#105

The mediation shall proceed under the following terms:

(1) That the mediator shall take an oath to properly and
fairly mediate the dispute.

(2) Both parties shall provide a principal representative who
shall have the full authority to enter into a full and
comprehensive settlement of the dispute without the necessity
for further authority from a person or entity not present at the
mediation.

(3) All of the statements made within the mediation shall be
privileged from disclosure at any subsequent proceeding. The sole
items which may be admitted at any later time is:

(a) a report of the mediator of an impasse-
(b) a report of the mediator of a settlement of any or all of the
issues in dispute

(4) The mediator may consult privately with both parties, and
shall have the sole right to terminate the mediation as an
impasse. Each party shall have the right to consult privately
with their counsel or representative.

(5) The mediator may only report the following:

(a) If an impasse is reached;
(b) The terms of any settlement reached as to any issue or the
entire dispute.


(6) The mediator shall have the right to set the time of the
mediation and shall determine the time to be devoted to the
mediation, and shall have the right to continue the mediation if
deemed desirable.

(7) The mediator shall have the sole right to declare that the
mediation is at an impasse.

#106

In the event that an agreement is reached at the mediation as to
any or all of the issues between the parties, the same may be
entered as a judgment in any court having jurisdiction between
the parties.

In the event that the parties do not reach a settlement, the
parties shall retain any and all legal, equitable,
jurisdictional or other defenses which they possess, if any.


The mediator shall be compensated as follows:

@006


This is the entire agreement between the parties, and this
agreement may only be varied by a writing executed by the
parties hereto.



Dated: __________________




____________________________________

@001




____________________________________

@002