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Mediation should be required in medical malpractice lawsuits.

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Mediation should be required in medical malpractice lawsuits.

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The question, as stated, is unclear. "Mediation" is a process whereby two opposing sides of an issue are brought together with a neutral 3rd party in an attempt to settle the differences between them in a mutually satisfactory manner.

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mediation and arbitration are alternative forms of dispute resolutions (cheaper and quicker than court). Accord and satisfaction is when a party gives up a right to demand contractual performance in exchange for some new benefit.

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MEDIATION AGREEMENTTHIS AGREEMENT is made between us, Jane Doe and John Doe, as PARTIES, and ******* as MEDIATOR.

WE AGREE THAT:

1. It is our sincere intention and agreement to be honest, fair, and equitable throughout the mediation process and to fully and fairly disclose all information related to the subjects and issues in the settlement negotiations.

2. Either party may terminate mediation at any time, subject to court order, if any.

3. Mediation shall be conducted by one mediator. *********** shall serve as the administrator of the mediation process, and for such service shall be compensated as follows: __________ per hour per p arty for time spent in mediation sessions, __________ per hour per party for time spent outside of the sessions, and plus a single initial non-refundable administrative fee of __________. In addition, expenses for copies made for the parties, long distance pH one, travel expenses, consultant fees, and extraordinary expenses, if any, will be paid by the parties.

4. We understand and agree that legal advice and legal representation are not given in mediation.

5. We acknowledge that we have had explained to us this agreement and the mediation Rules and Guidelines of the District Court of ******* County, ********, a copy of which has been furnished to each of us and is made a part of this agreement in ATTACHMENT "A."

6. The welfare of the child or children (if any are involved) is paramount and the mediator may act on that premise.

7. The attorney-mediator states that he has no t represented one o f the parties beforehand in any matter that is the subject of the mediation. Parties understand and agree that neither the mediator nor his agent may be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the mediation or preparing a memorandum of proposed terms of agreement and parties waive their right to compel the mediator or his agents to disclose this material. Information is confidential and shall not be disclosed unless required by law or agreed in writing by all parties to be disclosed.

8. The mediator will suspend or terminate the mediation if, according to the rules and guidelines attached, the mediator deems it appropriate.

THIS AGREEMENT is signed by us as PARTIES in mediation and by _________________, MEDIATOR this ____ day of __________, 19___.

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An establishment party could be a local authority or the police.

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