Some mediators actually write the agreement of the parties in the form of a contract. The Ombudsman will only do this if that is what the parties want. Sometimes the parties want the Mediator to prepare the contract, as this can reduce some costs. But even if the Mediator writes the contract, it is still necessary for everyone to bring the agreement to a lawyer to get legal advice before signing. The Ombudsman is unable to provide legal advice to either party. If the Ombudsman gave legal advice, it would not be possible to remain neutral. If the Ombudsman is not neutral, he may be considered by either party to be biased against him. 1. Appointment and Objectives: By this Agreement, the Parties appoint Tad Powers/Michael Marks as the mediator for their negotiations.
The parties understand that the mediator`s objective is to help the parties reach a fair and constructive agreement, which will resolve their dispute in a collaborative, consensual and informed manner. The Ombudsman is neutral in this dispute. The Ombudsman himself does not decide on the issues at issue. The Ombudsman shall be impartial during and after the mediation procedure. 6. Mediation statements: The Contracting Parties shall transmit written mediation statements to the Mediator and the other parties at least one week before the scheduled mediation meeting. Written statements describe the parties` positions, previous settlement positions and contain all substantive documents (such as briefs, court decisions, contracts or expert reports) necessary for the Mediator to understand the dispute. The parties may also provide the Mediator with a private statement (i.e.: provide a statement that is not provided to the other parties) on issues or negotiating positions. After her resignation, Martina Beverly filed a lawsuit against Abbott Laboratories for discrimination in the workplace.