MWI Agreement to Mediate Form

I understand that mediation is a voluntary process. I agree to try and resolve my matter in mediation. This commitment, however, will not prevent either party or the mediator from withdrawing from the mediation process at any time or if this matter does not reach a resolution through mediation.

I agree that the entire mediation process, including all written submissions, including emails, and communications, is confidential pursuant to Commonwealth of Massachusetts General Law ch. 233, § 23C, and shall be treated as a negotiation for the purposes of the United States Federal Rules of Evidence and applicable Commonwealth of Massachusetts law.

I will not disclose any information, including offers, promises, conduct, statements, or settlement terms, whether oral or written, made by me, my agents, my union, employees, experts, or attorneys in connection with the mediation, except where disclosure is required by law or court rule. All such information shall be inadmissible at trial. However, information that is independently obtained and admissible shall not become confidential or inadmissible merely because it is referred to in the mediation process.

I understand that MWI and the Mediator will keep the details of the case and all related documents confidential. However, the Mediator reserves the right to disclose information obtained during the course of the mediation concerning either the risk of serious harm to an individual or a crime.

The confidentiality and privilege provided for in this Agreement shall not apply to evidence relating to the liability of the Mediator in a subsequent suit against the Mediator or disciplinary proceedings against the Mediator. The confidentiality and privilege provided for in this Agreement shall also not apply to information that I agree in writing, after the conclusion of the mediation, may be disclosed.

Unless I agree otherwise in writing, nothing in this Agreement shall prevent me from presenting an interim agreement or signed memorandum of understanding executed as part of the mediation process to a court or other administrative body for purposes of enforcement.

I understand that I may disclose information about the mediation to attorneys, advisors, therapists, or counselors, and, in the case of a business or non-profit organization, those within the business or organization with a need to know, provided that all such individuals are informed that the information being provided is confidential and governed by the terms of this Agreement.

I understand that the Mediator is a neutral facilitator and that the Mediator is not a judge and has no decision-making authority. The Mediator’s role is to assist the Parties in their effort to reach their own mutual agreement.

I understand it is neither MWI’s nor the Mediator’s role to give legal advice, counsel, or to analyze either party’s legal rights, and that the Mediator may not act as an advocate for any Party.

I understand that unrepresented Parties are encouraged to review their legal rights and obligations before finalizing any mediated agreement.

The mediation sessions are private and may not be recorded electronically, broadcast, or disseminated in any fashion without the written permission of the Parties and the Mediator.

I agree that I will not at any time before, during, or after mediation call MWI or the MWI Mediator as a witness, or subpoena or demand the production of any records, notes, work product, or the like that the Mediator produces, in any legal or administrative proceeding concerning the subject matter of the mediation.

If I seek to do so, I agree to indemnify the Mediator as to all costs in connection therewith, including attorney’s fees and travel costs, and will compensate the Mediator for time spent, such compensation to be at the Mediator’s then-current hourly rate.

This “Agreement to Participate in Mediation” form and any “Memorandum of Understanding,” or written agreement signed by the parties because of this mediation, may be used in subsequent relevant proceedings, including being shared with Human Resources at Boston Public Schools.

I understand that all terms of a settlement are non-binding until they are put into a written agreement and signed by all of the Parties. Any settlement agreement may affect the legal rights of the Parties.

I understand I should have any settlement agreement independently reviewed by my own counsel before signing any agreement.

I understand that no modification of this Agreement may be made except in writing, signed by the Parties and the Mediator.

I understand that this Agreement constitutes the entire agreement of the Parties and the Mediator as to the mediation described above and supersedes all previous oral or written agreements between or among them regarding this mediation.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall be deemed to be one and the same instrument. The counterparts of this Agreement and all Ancillary Documents may be executed and delivered by facsimile or other electronic signature by any of the Parties to any other party, including the Mediator, and the receiving party, including the Mediator, may rely on the receipt of such document so executed and delivered via email, fax, or other electronic means as if the original had been received.

I understand that the terms of this Agreement to Participate in Mediation shall be governed by the laws of the Commonwealth of Massachusetts.