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Appendix D: Department of Commerce Alternate Dispute Resolution Agreement to Mediate

I agree to enter into this mediation in good faith. I will sincerely attempt to resolve this dispute, agree to cooperate with the mediator assigned to this case, and give serious consideration to all suggestions made regarding development of a realistic solution to the problem(s).

I understand that the mediator assigned to this case will not be serving as an advocate, attorney, or judge. His/her sole function is to act as a neutral third party facilitator. Any agreements or decisions resulting from this mediation session are entered into voluntarily and by mutual acceptance of the parties.

I understand that any settlement reached by both parties is subject to the review and clearance of the Office of Human Resources Management and the Office of General Counsel before it is made final.

I agree that mediation sessions are confidential settlement negotiations. All offers, promises, conduct, and statements, whether written or oral, made in the course of the proceedings are inadmissible in any later hearing, litigation, or arbitration of this dispute. However, matters that are admissible in a court of law or other administrative process continue to be admissible, even though brought up in a mediation process.

I also understand that I may not subpoena or attempt to require the mediator for this case to testify or produce records or notes of a work product in any future proceedings. No recordings or stenographic records will be made of the mediation session.

[Signature of Mediation Clients/Dates]

[Signature of Mediator/Date]