Common use of Process of Mediation Clause in Contracts

Process of Mediation. If the parties choose to participate in mediation: (a) both parties shall confer and reach agreement on the process for mediation and the person who shall conduct the mediation; (b) both parties shall participate in the mediation process in good faith; (c) both parties shall observe the instructions of the mediator about the conduct of the mediation, provided that such instructions comply with any applicable requirements of the Act; (d) the mediation procedure is confidential and neither party can use as evidence in arbitration or court proceedings any discussion between the parties and between the parties and the mediator or any written statements prepared for the mediator or for a party;