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Stipulation Regarding Mediation (Confidentiality) - New York
| Stipulation Regarding Mediation (Confidentiality) Form. This is a New York form and can be used in Mediation Eastern District District Court Federal . |
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COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : Index No. Calendar No. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -against- Plaintiff(s) : : : JUDICIAL SUBPOENA : IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties: 1. Defendant(s) : . The. . . . . . . .shall. .participate . in . a . mediation,. .whereby. .a. .neutral and impartial person will assist them in . . . parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... attempting to reach a mutually acceptable negotiated resolution of the dispute between them (the "Mediation") . 2. THE PEOPLE OF THE STATE OF NEW YORK The Parties jointly retain (the"Mediator"). TO to provide mediation services to them 3. 4. 5. 6. The Mediation shall be non-binding. GREETINGS: shall not have the authority to render a decision that shall bind the parties. The Mediator , the Honorable at the Court located at County of No party shall be bound by anything said or, done during the Mediation, unless either a written and in room , on the day of , 20 , at o'clock in the noon, and at any recessed signed stipulation is entered into or evidence as a witness written and on the part of the or adjourned date, to testify and give the parties enter into ain this action signed agreement. WE COMMAND YOU, that to any proposals which are made aside, the and each of The parties are not obligated to agreeall business and excuses being laid duringyou Mediation. you attend before 7. 8. The Mediator may meet in private conference with less than all of the parties. Your failure to comply with this either in written or oral form, shall be confidential and you not be Information obtained by the Mediator, subpoena is punishable as a contempt of court and will makeshall liable to the party on whose behalf this subpoena was until the a maximum penalty of $50 and all damages sustained as a revealed by the Mediator unless and issued for party who provided that information agrees to its result of your failure to comply. disclosure. 9. Court in The Mediator shall not, without the prior written consent of both parties, disclose to the Court any County, day of , 20 matters which are disclosed to him or her by either of the parties or any matters which otherwise relate to the Mediation. The mediation process shall be considered a settlement (Attorney must sign above and type name below)federal and negotiation for the purpose of all state rules protecting disclosures made during such conferences from later discovery or use in evidence. The entire procedure shall be confidential, and no stenographic or other record shall be made except to Attorney(s) for memorialize a settlement record. All conduct, oral or written, made during the Mediation by any party or a party's agent, employee, or attorney are confidential and, where appropriate, are to be considered work product and privileged. Such conduct, statements, promises, offers, views and opinions shall not be subject to discovery or admissible for any purpose, including impeachment. in any litigation or other Office and P.O. Address proceeding involving the parties. Provided, however, that evidence otherwise subject to discovery or admissible is not excluded from discovery or admission in evidence simply as a result of it having been used in connection with this mediation process. Telephone No.: The, Mediator and his or her agents, shall have the sameFacsimile No.: judges and court employees have immunity as E-Mail act or under Federal law and the common law from liability for any Address:omission in connection with the Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com Witness, Honorable , one of the Justices of the 10. 11. COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : Index No. Calendar No. Mediation, and from compulsory process to testify or produce documents in connection with the : JUDICIAL SUBPOENA Mediation. Plaintiff(s) 12. The parties (i) shall not call or subpoena the Mediator as a witness or expert in any proceeding relating to: the Mediation, the subject matter of the mediation, or any thoughts or impressions which the mediator : may have about the parties in the mediation, and (ii) shall not subpoena any notes, documents or other : materials prepared by the mediator in the course of or connection with the Mediation, and (iii) shall not offer in evidence any statements, views or opinions of the Mediator. Defendant(s) The Mediator's services have been made available to the parties through the dispute resolution procedures sponsored by the Court. In accordance with those procedures, the Mediator represents that he has taken the oath prescribed by 28 U.S.C. 453. -against: : ...................................................... 13 . THE PEOPLE OF THE STATE OF NEW YORK 14. 15. Any TO party to this Stipulation has a right to withdraw from the Mediation at any time for any reason. An individual with final authority to settle the matter and to bind the party shall attend the Mediation on behalf of each party. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , at the Court Dated: the Honorable located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the ___________________________________ _____________________________________ Your failure to comply with this subpoena isDefendant as a contempt of court and will make you liable to punishable Plaintiff the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable County, , one of the Justices of the day of , 20 Court in ___________________________________ Attorneys for Plaintiff _____________________________________ Attorneys for Defendant (Attorney must sign above and type name below) Consented to: Attorney(s) for ___________________________________ Mediator Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com
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