10. If an agreement is reached, the parties or their lawyer will prepare a transaction document or a settlement report and possible authorizations. 4. a) The parties agree that they will not call the mediator or persons connected to ADR chambers as witnesses in a judicial or administrative proceeding on this appeal at any time, before, during or after mediation. To the extent that they have the right to call as witnesses the Ombudsman or anyone linked to ADR chambers, this right is removed. These agreements are generally a brief summary of important issues on which the parties have agreed and use the parties` own words to explain in detail how they decided to proceed. Agreements are absolutely confidential and can be used to jog people`s memories when they return to work. As agreements are confidential, they are not legally binding and cannot be mentioned in future proceedings. No party is bound by anything that has been said or done during mediation, unless a written agreement is reached and executed by all the necessary parties. (f) Notwithstanding the above, this agreement may be used for mediation and any written agreement reached and signed by the parties as a result of mediation may be used in any relevant proceeding, unless the parties reach a written agreement on it. Participants also understood that the Ombudsman may suspend or terminate mediation if he or she believes that mediation results in an unjustified or inappropriate outcome, when the Mediator feels that a deadlock has been reached or when the mediator finds that he can no longer effectively exercise his or her role as mediator. b) The parties to this agreement agree that all communications and documents produced in this mediation, which cannot otherwise be discovered, will be shared on a non-harm basis and will not be used for discovery, cross-examination, court or any other proceeding. In most mediation cases, contracting parties enter into a number of agreements that help them cooperate more effectively.
Mediators are not empowered to rule on a case and do not act as lawyers or lawyers for any party. The parties have the right to be represented during mediation.