Agreement for Mediated Negotiation (review copy)
The undersigned party representatives and their respective parties agree to participate in mediated negotiations (mediation) and to employ the services of the undersigned mediator, who agrees to mediate their negotiations. All agree as follows:
1. The mediator: a) is a neutral participant who does not represent any
party; b) is not a source of individual legal advice; c) has no decision-
making authority; d) shall disclose any interest or relationship which
might affect his neutrality.
2. In order to encourage frank communication during the negotiations prior
to agreement:
a) All communications, including all offers and demands, made during
and relating to the subject of the mediation, as well as the mediator's
work product and settlement proposals (if any), are confidential and not
subject to disclosure in any proceeding. However, a signed agreement
setting forth settlement terms shall be admissible in any proceeding to
enforce its terms.
b) No party shall subpoena the mediator, his documents or notes in any
proceeding; any party that violates this clause shall indemnify the
mediator for all related costs.
c) All persons who accompany the party representative that signs this
Agreement shall be bound by the terms of this clause.
3. The confidentiality of the mediation shall also be protected by
Massachusetts General Laws c. 233 sec. 23C.
4. Any party who is not an attorney is advised to have a settlement
agreement reviewed by counsel prior to signing it.
5. Full Day Session Fees (5 ½ hours; includes lunch):
$1,850/firm (reduced by $350/firm for the Springfield-Deerfield area).
If our location does not provide lunch, the full day fee is reduced by
$50/firm, and by an additional $50/firm if we do not provide the location.
Additional time is billed at $250/hour/firm.
If an insurer hires more than one law firm, each additional firm
accompanied by the same adjuster pays a flat $100 fee.
6. All payments shall be paid by attorney check and are due within 15 days
of the billing date. Unpaid amounts will bear interest at 1% per month.
All costs of collecting overdue accounts, including attorneys' fees, shall
be paid by the party in arrears.
