TERMS OF USE
TERMS OF USE
1. Mediation is confidential and privileged as settlement negotiations. The mediator uses a secure encrypted web site to ensure that these confidentiality requirements are met. If you desire more information on the security details of this web site, simply send a request to
adr@lynncole.com and we will send you a "white paper" on the security of the web platform we are using.
2. The parties acknowledge and agree that no record is kept or maintained of online communications, emails, draft resolutions or unsigned mediated agreements. Only a mediated settlement agreement that is signed by the parties may be maintained and is admissible in court. Following the formal closing of the mediation, whether by settlement, impasse, or termination by the mediator, all electronic communications including emails, chat logs, and documents will be permanently deleted from files of the Mediator. The only pieces of information retained in the mediation system by the Mediator are the names of the parties (for your convenience should you use our service again) and various statistical data such as mediation session, date submitted, date closed, the result (settlement, impasse or continuation), and the Confidentiality Agreement.
3. The parties acknowledge and agree that Chapter 44.102(2)(3), Florida Statutes (court ordered mediation) governs this Mediation. It states, in part: Each party involved in a court ordered mediation proceeding has a privilege to refuse to disclose, and to prevent any person present at the proceeding from disclosing, communications made during such proceeding. All oral or written communications in a mediation proceeding, other than an executed settlement agreement, shall be exempt from the requirements of Chapter 119 and shall be confidential and inadmissible as evidence in any subsequent legal proceeding, unless all parties agree otherwise.
4. The parties acknowledge and agree that Chapter 44.107, Florida Statutes (Immunity for Arbitrators and Mediators), shall apply to this mediation and to Lynn H. Cole as the mediator, as if this dispute were court ordered. This Statute states, in pertinent part, ". . . a mediator appointed under Section 44.102 shall have judicial immunity in the same manner and to the same extent as a judge. . ." . The parties are aware that Ms. Cole is an experienced mediator and that they can view her detailed qualifications at www.lynncole.com. Prior to providing dispute resolution services, Lynn Cole notifies the parties and all concerned that she although she is a certified mediator, she also is an attorney, but may not act as an advocate for or give legal advice to any party.
6. All parties acknowledge that each should notify the mediator of their names and addresses and those of their attorneys so that the mediator can determine that she has no known conflict of interest in mediating the case. Her role shall be as a neutral intermediary, acting to encourage and facilitate the resolution of a dispute in an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. The decision-making authority rests with the parties. Her role as the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem-solving, and exploring settlement alternatives.
7. The parties acknowledge and agree that Mediation is a voluntary process and that any party may terminate mediation for any reason at any time.
8. The parties further acknowledge and agree that the Mediator is not responsible for enforcing the terms of any settlement agreement reached by using this on-line mediation resource.
9. The Mediator, Lynn Cole, shall not be liable to any party for any error, act or omission in connection with any agreement reached in mediation which is conducted through this online resource; nor is she a necessary or proper party in judicial proceedings relating to the mediation.
10. The Parties understand that mediation is a process in which the mediator assists parties in reaching agreement in a collaborative, consensual and informed manner. They further understand that mediation is not a substitute for independent legal advice. The parties are advised to obtain independent legal review of any mediated settlement agreement before signing any settlement agreement because the Mediator can never give legal advice. For more information on the mediation process and Lynn Cole's mediation credentials, the parties may visit the website of
www.lynncole.com.