Online Mediation and Arbitration

CPR Model Agreement for Parties and Mediator

Agreement made (date)__________________________________________, ________
between________________________________________________________________
represented by___________________________________________________________
and____________________________________________________________________
represented by___________________________________________________________
and (the Mediator)________________________________________________________

A dispute has arisen between the parties (the “Dispute”). The parties have agreed to participate in a mediation proceeding (the “Proceeding”) under the CPR  Mediation Procedure [, as modified by mutual agreement] (the “Procedure”). The parties have chosen the Mediator for the Proceeding. The parties and the Mediator  agree as follows:

A. Duties and Obligations [edit]

1. The Mediator and each of the parties agree to be bound by and to comply
faithfully with the Procedure, including without limitation the provisions
regarding confidentiality.

2. The Mediator has no previous commitments that may significantly delay the
expeditious conduct of the proceeding and will not make any such commitments.
3. The Mediator, the International Institute for Conflict Prevention & Resolution
(CPR) and their employees, agents and partners shall not be liable for any act
or omission in connection with the Proceeding, other than as a result of
its/his/her own willful misconduct.

B. Disclosure of Prior Relationships [edit]

1. The Mediator has made a reasonable effort to learn and has disclosed to the
parties in writing (a) all business or professional relationships the Mediator
and/or the Mediator’s firm have had with the parties or their law firms within
the past five years, including all instances in which the Mediator or the
Mediator’s firm served as an attorney for any party or adverse to any party; (b)
any financial interest the Mediator has in any party; (c) any significant social,
business or professional relationship the Mediator has had with an officer or
employee of a party or with an individual representing a party in the
Proceeding; and (d) any other circumstances that may create doubt regarding
the Mediator’s impartiality in the Proceeding.
2. Each party and its law firm has made a reasonable effort to learn and has disclosed
to every other party and the Mediator in writing any relationships of a nature
described in paragraph B.1. not previously identified and disclosed by the Mediator.
3. The parties and the Mediator are satisfied that any relationships disclosed pursuant
to paragraphs B.1. and B.2. will not affect the Mediator’s independence
or impartiality. Notwithstanding such relationships or others the Mediator and
the parties did not discover despite good faith efforts, the parties wish the
Mediator to serve in the Proceeding, waiving any claim based on said relationships,
and the Mediator agrees to so serve.
4. The disclosure obligations in paragraphs B.1. and B.2. are continuing until the
Proceeding is concluded. The ability of the Mediator to continue serving in this
capacity shall be explored with each such disclosure.

C. Future Relationships [edit]

1. Neither the Mediator nor the Mediator’s firm shall undertake any work for or against a party regarding the Dispute.
2.Neither the Mediator nor any person assisting the Mediator with this Proceeding shall personally work on any matter for or against a party, regardless of specific subject matter, prior to six months following cessation of the Mediator’s services in the Proceeding.
3. The Mediator’s firm may work on matters for or against a party during the pendency
of the Proceeding if such matters are unrelated to the Dispute. The Mediator shall establish appropriate safeguards to insure that other members and employees of the firm working on such matters unrelated to the Dispute do not have access to any confidential information obtained by the Mediator
during the course of the Proceeding.

D. Compensation [edit]

1. The Mediator shall be compensated for time expended in connection with the
Proceeding at the rate of $___________, plus reasonable travel and other outof-
pocket expenses. The Mediator’s fee shall be shared equally by the parties.
No part of such fee shall accrue to CPR.
2. The Mediator may utilize members and employees of the firm to assist in connection
with the Proceeding and may bill the parties for the time expended by
any such persons, to the extent and at a rate agreed upon in advance by the
parties.

SIGNATURES

__________________________ __________________________
Party                                                    Party
by _______________________  by _______________________
Party’s Attorney                                 Party’s Attorney
 

Mediator

_______________________