Mediation and Confidentiality Agreement

MEDIATION AND CONFIDENTIALITY AGREEMENT

RE:______

By signing the MEDIATION AND CONFIDENTIALITY AGREEMENT (“Agreement”) the above named parties (“parties”) and the undersigned participants (“participants”) and their attorneys agree to engage in this mediation to attempt to resolve their disputes by mediated agreement. This Agreement evidences the parties’ agreement to mediate their disputes pursuant to the terms of Chapter 36 of the Oregon Revised Statutes. Chapter 36 will apply to this mediation whether all or any part of this mediation is conducted outside the state of Oregon, and the parties expressly borrow the confidentiality provisions of Chapter 36 as if the mediation is conducted wholly within the state of Oregon. The parties, participants and their attorneys select James Pippin to serve as mediator and agree to pay for the mediation services set forth in the confirmation letter.

In order to promote communication among the participants and the mediator and to facilitate settlement of the dispute(s) among the parties, the parties, participants and their attorneys further agree that:

1. Except as expressly provided below and in ORS chapter 36, all “mediation communications” are CONFIDENTIAL and may not be disclosed to any other person. “Mediation communications” (as defined in ORS 36.110) means:

(a) All communications that are made in the course of or in connection with this mediation by a party, participant or any other person present at the mediation proceedings; and

(b) All memoranda, work product, documents and other materials, including any draft mediation agreement, that are prepared or submitted in the course of or in connection with this mediation or by the mediator, party, or any other person present at the mediation proceedings.

2. The terms of any mediation agreement arising out of this mediation WILL NOT BE CONFIDENTIAL unless the parties to the Agreement agree otherwise in writing at the time of settlement. Mediation agreements in which public bodies are parties ARE NOT CONFIDENTIAL, except as provided in ORS 36.230.

3. Except as provided in ORS 36.22, .224 and .226, confidential mediation communications ARE NOT ADMISSABLE as evidence in any subsequent adjudicatory proceeding or trial and MAY NOT BE DISCLOSED by the parties, participants, attorneys or the mediator in any subsequent proceeding.

4. Because the parties, participants and attorneys are disclosing confidential and sensitive information in reliance upon the confidentiality provisions of this Agreement, any breach of this Agreement would cause irreparable injury for which monetary damages would not be adequate. Consequently, any party or participant may seek injunctive relief to prevent the disclosure of any confidential information in violation of this Agreement.

5. Any party or participant breaching this Agreement shall be liable for, and shall indemnify the non-breaching parties and participants and the mediator for all costs, expenses, liabilities and fees, including attorney fees, which may be incurred as a result of the breach.

6. As provided in ORS 36.210, the mediator will not be civilly liable for any act or omission done or made while engaged in efforts to assist or facilitate a settlement or for the inadvertent disclosure of a confidential mediation communication.

DATED______, 20___ and executed by the mediator and each of the parties and their attorneys whose signatures appear below.

______Plaintiff Attorney for Plaintiff

______Defendant Attorney for Defendant

MEDIATOR:

______James M. Pippin