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Maryland's On-Line Mediation Service: mediation anytime, anyplace

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 AGREEMENT TO MEDIATE

[This Agreement will be sent to both parties to be executed separately in duplicate and returned to our offfices].

This agreement to mediate is made between us and with The Center for On-Line Mediation, Inc.

By signing this agreement, we agree that we sincerely intend to be fair and cooperative with each other throughout the mediation process.

We also agree that:

1. We understand that the mediators assigned to this dispute and are not acting as attorneys or representing us in any of the legal matters now before the court. We agree that we will consult with legal counsel of our own choosing if we need to understand the full implication of any legal issues created by our decisions in mediation.

2. We understand that mediation works best when both parties are cooperative, use factual information and not blame each other.

3. If one or both of us wants to terminate mediation, or is considering terminating, prior to reaching an agreement, we will fully discuss that decision in mediation.

3. We acknowledge that we have read the Mediation Rules of the Center for On-Line Mediation, Inc., a copy of which has been furnished to each of us and is made a part of this agreement, that the mediators have explained the rules to us, and that we have had an opportunity to discuss them with the mediators.

4. We each agree that we will pay the mediation fee in accordance with the terms we have developed between us, unless this dispute is accepted under the research and demonstration program, in which case there will be no charge.

5. We both represent that we have access to the Internet and an e-mail account.

6. We will treat all information discussed during the mediation process as confidential and will not introduce any information as evidence against the other party in any court proceeding.

7. Neither of us will not call the mediators, or member of the staff of the Center for On-Line Mediation, Inc., to testify in any court proceeding regarding any matters associated with the mediation process and/or sessions. We also agree that we will not require the mediators to produce in court any records, documents or tape recordings made by the mediators or The Center for On-Line Mediation, Inc.

8. If for any reason, either of us, or either of our attorneys decides to bring the mediators, or any member of the staff of the center for On-Line Mediation, Inc.into court to testify or to produce records, by court order or subpoena, we agree that we shall pay all expenses incurred by the mediators or the staff of the center for On-Line Mediation, Inc.. in preparing to testify. We agree to pay for the mediators' preparation expenses at the rate of $180 per hour, which shall be paid prior to the date of the court hearing in which the mediators are required to appear and we will pay for a minimum of three hours. We understand that these charges do not apply unless either of us, or our attorneys requires that the mediators testify.

This agreement is signed by us and the Center for On-Line Mediation, Inc., this
day of 199 .

by

___________________________________
for the Center for On-Line Mediation, inc.

___________________________________
Signature Date

___________________________________
Signature Date

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Last Revised on December 10, 1996