Irvin Sherman

Agreement of Understanding

• All parties agree to make the best attempt to provide to the mediator ahead of time all necessary documents that will discussed at mediation.
• All parties agree that all information may be disclosed to all parties at mediation unless one party specifically requests that information at mediation be kept confidential between all parties. Information will not be shared with anyone outside of mediation.
• It is agreed by all parties that the mediator does not act as legal counsel for any party at mediation.
• All parties agree that the mediation session may be terminated at any time by any party, including counsel or the mediator.
• All parties agree that the mediation discussion is strictly for settlement negotiations and will be held in confidence without admissibility in any other mediation/arbitration/litigation. All mediator notes related to the mediation will be destroyed including transcripts after the mediation concludes. As per section 82 of the Courts of Justice Act, the mediator shall have immunity as it relates to the mediation session and related matters.
• All parties (including counsel) will be responsible for all fees, disbursements and applicable taxes charged as a result of this mediation session. All costs will be divided equally between all parties unless otherwise agreed. All payments will be due when invoiced.
• If settlement is attained, all parties will execute a minutes of settlement in a timely manner.
• All parties agree that they have the authority to settle this file at mediation.

• All parties agree to make the best attempt to provide to the arbitrator ahead of time all necessary documents.
• It is agreed by all parties that the arbitrator does not act as legal counsel for any party at the arbitration and is only present to act in an adjudicative capacity.
• All parties agree that the arbitration proceedings will be held in confidence unless otherwise consented by all parties.
• All parties (including counsel) will be responsible for all fees, disbursements and applicable taxes charged as a result of the arbitration proceeding. All costs will be divided equally between all parties unless otherwise agreed. All payments will be due when invoiced.
• If settlement is attained prior to the completion of the arbitration, all parties will execute a minutes of settlement in a timely manner.
• All parties agree that they have the authority to proceed with this file at arbitration.

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