Michigan Mediation Lawyers

Mediation Participants Must Sign A Confidentiality Agreement

Mediation is a form of alternative dispute resolution offered by the Michigan Department of Civil Rights (MDCR) as an option in the complaint resolution process. Mediation is an informal process in which opposing parties may negotiate a voluntary resolution of their dispute with the help of a neutral person (mediator).

All mediation participants must sign a confidentiality agreement at the start of mediation. The confidentiality agreement outlines the terms in which they are agreeing to participate in mediation. The key features of the confidentiality agreement include:

1. Parties understand that mediation is voluntary and that they can withdraw from the mediation at any time.
2. Parties understand that the mediator has no power to decide who wins or loses the case and that the mediator is going to try to help parties reach their own resolution of the complaint.
3. Parties understand that the mediator is not going to act as an advocate or offer legal advice.
4. Parties understand that they may have an attorney or representative assist them in mediation.
5. Parties agree that the purpose of mediation is to settle the complaint.
6. Parties agree not to subpoena the mediator or any observer to testify about what was said in mediation and the mediator agrees not to willingly testify or report anything said or done in mediation unless one of the participants makes a genuine threat of physical harm or commits physical harm.
7. Parties understand that any documents prepared for or during mediation are for settlement purposes only and may not be subpoenaed for, or used in, an administrative hearing or trial unless otherwise discoverable.
8. Parties understand that participants are not bound by anything said or done in mediation unless and until there is a written agreement to do so.
9. Parties understand that they may reach a confidential agreement that may or may not be submitted to MDCR. If an agreement is kept confidential from MDCR, the claimant must sign a withdrawal form to close the complaint.

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