The undersigned parties (the "Parties") as of the undersigned date, hereby agree to private, voluntary, confidential and non-binding mediation (the "Mediation") of a dispute (the "Dispute") pursuant to the Natran Mediation Services, Mediation Rules (the "Rules" Appendix II) and hereby adopt and incorporate the Rules by reference, except as specifically provided otherwise hereinafter.
The Parties have chosen Natran Mediation Services and its Mediator(s) as an independent and impartial Mediator to aid the Parties in their attempt to settle their Dispute. The Mediator will Not decide who prevails in the Dispute and will Not render an award, verdict, or judgment, or otherwise determine the fault of any Party.
The Parties, and their counsel and/or other representatives, if any, agree that the Mediation shall be conducted as confidential settlement negotiations. Therefore, statements made during the Mediation shall Not be admissible in any legal proceeding, including arbitration, and the Mediator shall Not be made a party to, or called as a witness in, any further legal proceeding relating to the Dispute. This issue is treated in greater detail in the Rules. As stated in further detail in the Rules, the Mediator will Not offer legal advice to the Parties, and the Parties should seek legal advice from their own counsel.
The Mediation is Not guaranteed to result in settlement of the Dispute. The Mediation may be terminated at the instruction of a Party or the Mediator where a good faith determination is made by either that the Mediation will not result in settlement.
If the Parties reach settlement during the Mediation, the Parties, and Not the Mediator, will draft a written agreement setting forth the matters decided prior to adjourning the Mediation conference, although the Mediator may jointly assist the Parties in this effort at their request.
The Parties may review this agreement with their legal counsel before the settlement agreement is finalized. The Parties agree to pay the Mediator as provided in the Rules, on an equal basis. The Parties have caused this Agreement to be duly executed the latest date set forth below.