Welcome
Welcome to the Conflict Resolution Center - St Louis's Mediation Program. Mediation is a process in which a neutral person helps create a space where people can discuss their conflict(s) and try to reach an agreement. Mediation is a voluntary process, which can be stopped at any time by either party or the mediator for any reason. By signing this Agreement to Mediate (“Agreement”), you (“Party”) agree to participate in this program. Participation in this program is free. Please take your time to read this Agreement over.
Mediator Responsibility
A mediator is a neutral person who is not a judge and not a decision-maker. A mediator cannot impose his or her own judgment on the issues for that of the parties. The mediator cannot act as legal advisor or representative for any party or non-party participant and cannot guarantee that the mediation session will result in settlement. The mediator does nothave a duty to recognize, assert, analyze, or protect any legal rights or obligations. Additionally, the mediator does not have a duty to make an independent expert analysis of the situation or raise issues not raised by the parties, or to determine that additional necessary parties should participate in the mediation.
There is no attorney-client privilege between the mediator and anyone participating in the mediation. The mediator may assist the parties in preparing written settlement documents, however, such participation will not be considered as giving legal advice to any party and the parties may have the document reviewed by their own legal counsel before signing any document. The parties are encouraged to consult with their legal counsel at any time.
The mediator assigned to your case is available to answer any questions about this Agreement and will ask you to sign this Agreement prior to conducting the mediation.
Party Responsibility
The purpose of mediation is to create an opportunity for people to discuss their dispute in a productive way. To make sure everyone has an equal chance to speak, each person agrees that they:
- Will listen to each other regarding the other’s perspective of the dispute;
- Will not interrupt each other so that everyone will have an opportunity to speak;
- Will not use name-calling or abusive language; and
- Will not make an electronic recording of any kind during the course of this mediation.
CRCSTL and our mediators will not tolerate language, expressions, taunts, actions or messages from any participant that are racist, sexist, xenophobic, homo/bi/transphobic, ageist, ableist or which degrade based on religion or any other protected basis.
Confidentiality
This mediation is confidential. The mediators will not share anything said during the mediation except CRCSTL mediators will report statements made that could be considered as serious threats or references of abuse or harm to persons.
CRCSTL and its mediators will not retain notes or records from this mediation session other than copies of this Agreement, any Agreement reached during the process, and the mediator post report form. No electronic recording of any kind is permitted by the mediators or the parties. To help make sure this mediation stays confidential, each party agrees not to request or compel the mediator to testify in this or any other matter.
The mediator will report the type of resolution, if any, to the Conflict Resolution Center - St. Louis ("CRCSTL"). If this dispute was referred to CRCSTL by a third party, CRCSTL may report the outcome to the referring organization. These reports will not include anything said in the mediation, but may include a copy of any agreement reached.
Liability
Each party agrees to hold the mediator and the Conflict Resolution Center - St. Louis harmless for any observations, suggestions, or implications that the Mediator may make in the course of the mediation and/or for any other claim arising from the mediation process. To the extent permitted by law, each party waives their right of action against the mediator and Conflict Resolution Center - St. Louis for any allegation of wrongful conduct occurring in the course of this mediation.
Dispute Resolution
Parties agree that if any concerns exist about the nature or quality of the mediation services or the fees charged, Parties will raise those concerns directly with the Conflict Resolution Center - St. Louis ("CRCSTL"). If Parties and CRCSTL cannot resolve the concerns, Parties and CRCSTL agree to mediate for at least one session with another professional mediator chosen by Parties. The costs for that mediation shall be evenly divided among all Parties and CRCSTL, such that each participant in that mediation pays the same amount.