b) The parties to this agreement agree that all those who cannot be found elsewhere in this mediation are shared on a non-prejudice basis and are not admitted to discovery, cross-examination, court or any other procedure, in this or any other proceeding, (d) Any party who, as a witness, , a subpoena against the mediator or the installation of the mediator, waives his right to rely on the confidentiality provisions of that agreement and to be used, as opposed to the Mediator. (f) Notwithstanding the above, this agreement may be used for mediation and any written agreement reached and signed by the parties as a result of mediation may be used in any relevant proceeding, unless the parties reach a written agreement on it. Between the parties and the Ombudsman, mediation is considered strictly confidential. Mediation talks, draft resolutions and unsigned negotiated agreements are not permitted in any jurisdiction or other contentious proceedings. Only a mediation agreement signed by the parties is thus allowed. The only other exceptions to this confidentiality are when all parties waive confidentiality in writing or in an action brought by a party against the Mediator. The parties agree not to call the mediator as a witness for mediation or to provide documents from mediation as part of a legal proceeding between the parties. Mediation is seen by the parties and the mediator as a settlement negotiation. All parties also understand and agree that the Ombudsman may hold private caucus meetings and talks with each party, all of which are confidential meetings and discussions between the Ombudsman and the disputed party. 10. If an agreement is reached, the parties or their lawyer will prepare a transaction document or a settlement report and possible authorizations. 2.
Legal representation: the mediator does not advise any of the parties and does not represent any of the parties. Parties must maintain their own legal assistance for legal advice. When the Ombudsman presents an assessment of a question of law or assistance in the development of a transaction agreement, this assessment or editorial support is inherent in his or her role as mediator and does not constitute legal advice for a party or a representative of a party.