(i) the person has signed the mediation agreement; (ii) the information is otherwise made public; or (iii) the person to whom the information is disclosed is legal or financial counsel to a party to this Agreement The payment of $___ for the Mediator`s fees and expenses shall be paid to the Mediator at the same time as the signing of this Agreement. Any undeserved amount of this deduction is refunded to the parties. The parties are jointly and severally liable for the costs and expenses of the Mediator. Only between the parties are the costs and costs of mediation liable: ___ Mediation interviews, draft decisions and unsigned mediation agreements are not permitted in any jurisdiction or other disputed proceedings. Only a negotiated agreement, signed by a party, is thus authorized. The only other exceptions to this confidentiality are that 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 to testify about the mediation or to provide documents from the mediation in the context of legal proceedings between the parties. Mediation is considered by the parties and the Mediator as a settlement negotiation. All parties also understand and agree that the Mediator may have private caucus meetings and discussions with either party, in which case all such meetings and discussions between the Mediator and the caucus party are confidential.
The parties agree that the Mediator may discuss the mediation process of the parties with any lawyer that either party may engage as an individual lawyer. Such talks shall not involve negotiation unless the parties order the Mediator to have the power to negotiate. The Ombudsman shall, at the request of a party, provide copies of correspondence, draft contracts and written documents to an independent lawyer. (b) the parties to this Agreement agree that all messages and shared materials that are not found by other means are not disclosed without bias and will not be used for discovery, cross-examination, negotiation or any other proceeding (a) the parties to this Agreement agree that the communications and documents are not used; who are shared in this mediation, are not passed on to persons who are not a party to this mediation, except: 2) Legal representation: the Mediator does not offer any of the legal advice and does not represent any of the parties. . . .