We agree to participate in the mediation process in an effort to resolve our dispute. "Mediation" means the process of resolving a dispute with the assistance of a mediator outside of a formal court proceeding. Our rights and obligations under the Dispute Resolution Act, 12 O.S. 2011, sections 1801 et seq., and the Rules and Procedures for the Dispute Resolution Act include:
1. We shall meet with a mediator in an informal, confidential setting.
2. The mediator will assist us in discussing and clarifying the issues.
3. We shall cooperate with each other and the mediator in working toward a mutually acceptable agreement to end our dispute.
4. The mediator will not offer legal advice or make any decisions for us.
5. When an agreement is written and signed to end our dispute, all parties will receive a copy. Parties to a family and divorce matter will receive an unsigned Memorandum of Understanding to be submitted to an attorney and/or judge for review.
6. We shall be responsible for protecting our own rights and property through any pending legal proceedings.
Oklahoma law provides that mediation is a confidential, private process and that information obtained from a mediation may not be disclosed unless otherwise required by law.
For example, a mediator must disclose information brought to his/her attention that an elderly person, or a person with disabilities or a child under the age of eighteen (18) has been abused or neglected. We recognize that if a minor is party to the mediation, the agreement may not be enforceable.
We hereby release from liability the sponsoring agency for any claimed damages arising out of any action, statement, or decision made or taken in the mediation session, except where provided in the Dispute Resolution Act.
We acknowledge that we have read and understand this agreement, and we hereby agree to abide by its terms.