THE UNIVERSITY OF MICHIGAN

Mediation Services for Faculty and Staff

AGREEMENT TO MEDIATE

This is an agreement between Name1 and Name2 (the parties) and Mediation Services for Faculty and Staff represented by (MSFS Name). The parties agree to participate in the mediation process in good faith.

I understand that:

1.      Mediation is a voluntary process.

2.      The mediator is a neutral facilitator. The mediator will not serve as an advocate for either party, make judgements about who is “right” or “wrong”, or tell the parties what to do.

3.      The parties do not give up their right to explore other resolution processes, if they do not agree to a settlement.

4.      The mediator does not provide legal advice. The parties are advised to seek legal counsel if they have concerns about their legal interests, rights, or obligations.

5.      Discussions taking place in the context of mediation are confidential, except as set forth below.

6.      This Agreement to Mediate Form, and any written agreement signed by the parties as a result of this mediation may be used in subsequent relevant proceedings, unless there is a written agreement not to do so.

I, the mediator, agree that:

1.      I will keep all information discussed in the mediation confidential, unless I have the permission of both parties to do otherwise.  However, I am not required to maintain confidentiality if I become aware of a.) threats of bodily harm or actual bodily harm to any person, or b.) a serious violation of law.

I, a party in this mediation, agree that:

1.      I will keep the content of the conversation in the mediation confidential, unless all parties in the mediation agree to share it. I will not use any information gained solely through the mediation process in any legal or administrative proceedings. I will not call the mediator as a witness, or demand the production of any written record of the mediation from the mediator, in any subsequent legal or administrative proceedings.

2.      I will comply with any written settlement agreements that may result from this mediation. 

___________________________________                         _________________

Name1                                                                                     Date

___________________________________                          _________________

Name2                                                                                     Date

___________________________________                          _________________

(Mediator)                                                                                Date