Common use of Mediator Impartiality Clause in Contracts

Mediator Impartiality. The parties understand that the mediator must remain impartial throughout and after the mediation process. Thus, the mediator shall not champion the interests of any party over another in the mediation or in any court or other proceeding. The parties agree that the mediator may discuss the parties’ mediation process with any attorney that a party may retain as individual counsel. Such discussions will not include any negotiations, as all mediation negotiations must involve all parties directly. The mediator will provide copies of correspondence, draft agreements, and written documentation to independent legal counsel at a party’s request.

Mediator Impartiality. 9.1 The parties Parties understand that the mediator must remain impartial throughout and after the mediation process. Thus, the The mediator shall therefore not champion the interests of any party over another in the mediation or in any court or other proceeding. The parties agree that the mediator may discuss the parties’ mediation process with any attorney that a party may retain as individual counsel. Such discussions will not include any negotiations, as all mediation negotiations must involve all parties directly. . 9.2 The mediator will provide copies of correspondence, draft agreements, and written documentation to independent the Parties legal counsel representatives at a party’s requestrequest only. 9.3 The mediator may communicate separately with an individual mediating party; in which case such discussions shall be confidential between the mediator and the individual mediating party unless they agree otherwise.