No document produced or verbal disclosure made in mediation that is not otherwise discoverable will be admissible as evidence or used in a legal proceeding even for impeachment. Mediator’s notes, records, impressions, and thoughts, and their derivative, are privileged and Confidential Information. Parties agree not to request or attempt to discover any Confidential Information or use as evidence any Confidential Information or any other information of Mediator related to or arising from Mediation Services; and not to subpoena Mediator or Mediator’s staff. Should any Party request or attempt to compel such testimony or production, Mediator may refuse and such Party agrees to be liable for and indemnify Mediator for any and all liabilities, expenses, Mediator’s time at rate below, and/or cost, including attorney’s fees, related to any effort to prevent disclosure.

Mediator is independent of the Parties and shall not be considered an agent or legal representative of the Parties for any purpose. This means, in part, that Mediator will not represent or advocate for either Party, and will not provide advice or information (including legal advice), give judgment, or ensure that any person understands the consequences of his or her actions, statements, or agreements. Mediator also has no duty concerning the fairness or legality of any resolution. EACH PARTY AGREES TO THE FOREGOING, UNDERSTANDS THAT SHE/HE CANNOT CONSTRUE OR RELY UPON ANY OF MEDIATOR’S STATEMENT AS ADVICE, AND AGREES THAT THE ULTIMATE DECISION TO ACCEPT OR REJECT A PROPOSAL OR RESOLUTION LIES SOLELY IN THE CONTROL AND JUDGMENT OF EACH PARTY. Each Party should consult with her or his attorney before signing a mediated settlement agreement for such advice or representation.

Mediator and Parties represent that there are no known circumstances creating a credible doubt of impartiality of the Mediator. The Parties further acknowledge that Mediator is employed by Associated General Contractors of Minnesota (AGC) and the Subject of Mediation does not present a conflict with Mediator’s duties or obligations to AGC or its members. Should any conflict arise or be discovered that cannot be resolved, Mediator will cease all work or efforts and the Parties will be responsible for time of services until the conflict became known, if any.

Counsel and the Parties jointly agree, guaranteed by both counsel and Parties, to pay Mediator an hourly rate of four hundred fifty dollars ($450.00) for Mediator’s time, including time in preparation and mediation conferences (including separate and joint meetings), plus any reasonable reimbursable expenses. Payment will be made upon receipt of Mediator’s Invoice.

Mediation is a voluntary process and this Agreement may be terminated upon written notice of any Party delivered by certified mail or personally (per Minn. Stat. §572.33), or by the Mediator, at any time, or upon completion of Mediation Services.

This Agreement, including the Recitals, represents the entire agreement between the Parties and Mediator on the subject matter hereof and supersedes all prior discussions, agreements, and understandings. No modification of this Agreement will be effective unless written and signed by all Parties. Any provision of this Agreement that is prohibited or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. The Parties agree to comply with all applicable laws, rules, and regulations, including the Minnesota Human Rights Act, Minn. Stat. § 363; that the laws of the State of Minnesota apply to this Agreement; and any claims or actions arising from this Agreement must be brought in the state or federal court located in Hennepin County, Minnesota, where personal jurisdiction and venue are proper. Each of the Parties acknowledges and represents that it has been represented by counsel or has had the opportunity to be represented by counsel in consideration and execution of this Agreement. This Agreement may be executed in separate counterparts.