Agreement to Mediate s1

Re:solve Mediation Services Inc.

AGREEMENT TO MEDIATE

Between: (client) and: (client) and: Kevin D. Moye of Re:solve Mediation Services Inc. (Mediator)

The Parties agree to the following:

1. The Process

That Kevin D. Moye of Re:solve Mediation Services Inc will be the Mediator. The Mediator will act as an impartial facilitator to assist the parties in a negotiation aimed at the resolution of issues between them. All parties will work with the mediator to isolate points of agreement and disagreement, to identify their interests, to explore alternative solutions, and to consider compromises or accommodations.

2. Disclosure

There will be full and timely disclosure by each of the parties to the other, and the Mediator, of all information and documents relevant to the matters under discussion.

3. Without Prejudice Communications.

All communications occurring in the context of the mediation are confidential, and it is agreed that they are inadmissible in any litigation of their dispute to the extent covered by law. The parties agree not to subpoena or otherwise require the Mediator or any other person present at the mediation to testify or procure records, notes or work relating to the mediation in any future proceedings.

These confidentiality provisions do not prevent the parties from providing necessary information and documents to people whose advice they need in order to make informed decisions or in providing general scope information with supportive friends, family and other professionals. The mediator agrees to be bound by these confidentiality provisions. However, the mediator may breach the rule of confidentiality in the following situations: to communicate with the lawyers for the parties, and to third party advisors retained by a party or both parties; with the written consent of the parties; where ordered to do so by a judicial authority; where required to do so by law, including obligations to report a person or child in need of protection; and where the information discloses an actual or potential threat to human life or safety.

4. Independent Legal Advice.

Each party is encouraged to secure independent legal advice to ensure that legal rights and obligations, and the consequences of any potential settlement are fully understood.

5. Mediation Fees.

Fees are calculated at $150.00 plus HST per hour or portion thereof. The costs will be split equally between the parties unless other arrangements are specified.

Mediation costs include the Mediator’s fees for mediation sessions and any out-of-pocket expenses incurred by the Mediator for Telephone calls, correspondence, preparation of documents, travel expenses etc.

Signed______Date______

Signed______Date______Portions of this document were reproduced with the permission of the Justice Institute of British Columbia.