6. While all parties intend to continue mediation until a settlement agreement is reached, any party may withdraw from mediation at any time. 4. Confidentiality: Mediation is a transaction negotiation and will be strictly confidential. No party may disclose the statements of other participants in mediation. Mediation interviews, written and oral communications, proposals and unsigned comparative agreements are not permitted in court proceedings. Unless the parties are approved, the Ombudsman will not disclose confidential information provided by a part of the Ombudsman. The parties agree not to call the mediator as a witness for mediation or to provide documents from mediation in any legal proceeding. The only circumstances that allow the Ombudsman to violate confidentiality are: 1) if he reasonably believes that another person is in danger of harm or has well-founded suspicions of child abuse that the law requires of him; 2) if necessary, to defend itself in all legal actions; 3) where the contracting parties collectively waive confidentiality in writing; or 4) as required by law. The parties authorize the mediator to submit the ADR reports requested by the Court of Appeal.
3. Voluntary: Mediation is voluntary. Any party may, at any time, withdraw or suspend mediation for any reason. In addition, the mediator may suspend or terminate mediation if he or she believes that mediation will result in an unjustified or inappropriate outcome; that the impasse has been reached; or that it can no longer effectively act as an intermediary. For his part, the Ombudsman may continue with one or more parties after the first conclusion of mediation if the Mediator believes that there could be more potential for movement or implementation. 9. The parties will have lawyers present at the mediation. The Ombudsman will not legally represent or advise a party and has no obligation to assert or protect a party`s legal rights and obligations, not to address an issue raised by the parties themselves, or to determine who should participate in mediation. This is an agreement between the undersigned (the “parties”) and Tad Powers/Michael Marks of MarksPowers LLP (“Mediator”) to enter into mediation with the intention of encountering problems related to: