U.S. Department of Commerce

Census Alternative Dispute Resolution Program (CADRP)

Sample Agreement to Mediate

In consideration of receiving services from the Census Alternative Dispute Resolution Program, I agree to enter into this mediation in good faith. I will sincerely attempt to resolve this dispute, agree to cooperate with the mediator(s) assigned to this case, and give serious consideration to all suggestions made in regard to developing a realistic solution to the problem.

I understand that mediators assigned to this case will not be serving as advocates, attorneys, or judges. Their sole function is to act as neutral facilitators. Any agreements or decisions resulting from this mediation session are entered into voluntarily and by mutual acceptance of the parties.

I agree that mediation sessions are confidential settlement negotiations and that all offers, promises, conduct and statements, whether written or oral, made in the course of proceedings are inadmissible in any litigation or arbitration of this dispute, to the extent allowed by law. However, matters that are admissible in a court of law or other administrative process continue to be admissible even though brought up in a mediation session.

I also agree to not subpoena or require any mediator to testify or produce records, notes or work product in any future proceedings and that no recordings or stenographic records will be made of the mediation session.

Disputant
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Respondent
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Mediator
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Disputant's Representative
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Respondent
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Mediator
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Source: U.S. Census Bureau | Equal Employment Opportunity | DIR.ADR.Coordinator@census.gov | Last Revised: March 21, 2012