HomeMy WebLinkAboutContracts & Agreements_246-2013_CCv0001.pdf MEDIATION CONFIDENTIALITY AGREEMENT
This Mediation Confidentiality Agreement ("Agreement") is made and entered
into this 17th day of December, 2013 ("Effective Date"), by and between Christine Smith
("Plaintiff"} and the City of Redlands ("Defendant"). Plaintiff and Defendant are
sometimes individually referred to herein as a"Party"and,together, as the"Parties."
WHEREAS, Plaintiff brought a lawsuit against Defendant in the matter of Smith
v. City of Redlands, San Bernardino County Court Case Number CIVDS1311312 (the
"Lawsuit"),on September 16, 2013; and
WHEREAS, the Parties agree that it could be productive to undertake discussions
that may lead to a resolution of the matters that are the subject of the Lawsuit; and
WHEREAS, the Parties have agreed to meet on December 19, 2013, to
commence said discussions; and
WHEREAS, the Parties agree that the ability to speak freely pertaining to the
matters in the Lawsuit is vital in order for said discussions to be useful and productive;
and
WHEREAS, the Parties further agree that the discussions should be afforded the
same protection (with non-admissibility of the matters discussed) as would a formal
mediation or any other communications for purposes of settlement under California law;
NOW, THEREFORE, the Parties, intending to be legally bound, and in
consideration of the mutual promises and undertakings set forth herein, hereby agree as
follows:
1. For purposes of the meeting between the Parties on December 19,2013, and
for all subsequent related discussions regarding the Lawsuit, the Parties agree to abide
and be governed by the terms of California Evidence Code section 1119, which states
that:
(a) No evidence of anything said or any admission made for the purpose of, in the
course of, or pursuant to, a mediation or a mediation consultation is admissible or
subject to discovery, and disclosure of the evidence shall not be compelled, in any
arbitration, administrative adjudication, civil action, or other noncriminal proceeding
in which,pursuant to law,testimony can be compelled to be given.
(b) No writing, as defined in Section 250, that is prepared for the purpose of, in the
course of, or pursuant to, a mediation or a mediation consultation, is admissible or
subject to discovery, and disclosure of the writing shall not be compelled, in any
arbitration, administrative adjudication, civil action, or other noncriminal proceeding
in which,pursuant to law, testimony can be compelled to be given.
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(c) All communications, negotiations, or settlement discussions by and between
participants in the course of a mediation or a mediation consultation shall remain
confidential.
2. All offers,promises, conduct and statements,whether oral or written,by
either Party, or their representatives, related in any way to the December 19, 2013,
meeting regarding the Lawsuit are confidential, including but not limited to, follow up
discussions relating to said meeting.
3. Any and all offers,promises, conduct and statements, whether oral or
written, shall he considered both a communication "for the purpose of, in the course of,
or pursuant to a mediation or a mediation consultation" within the meaning of California
Evidence Code section 1119 and an "offer to compromise" within the meaning of
California Evidence Code section 1152, and shall not be admissible or discoverable for
any purpose in any arbitration, litigation or other proceeding between the Parties.
4. This Agreement represents the entire agreement between the Parties with
respect to the subject matter hereof, and any prior verbal or written understandings,
acknowledgements or agreements between the Parties with respect to the same are null,
void and of no effect.
5. In the event any action or proceeding is commenced by a Party to interpret or
enforce any term, provision or condition of this Agreement, the prevailing Party in such
action shall be entitled to recover, in addition to any costs and other relief, its reasonable
attorneys' fees,including fees for use of in-house counsel by a Party.
IN WITNESS WHEREOF, duly authorized representatives of the Parties have executed
this Agreement as of its Effective Date.
CITY OF REDLANDS CHRISTINE SMITH
By:
Pete Aguilar,Mayor
ATTEST: BORTON PETRINI, LLP
i.
Sam 7irwin,Leityberk6 Y;�erglison
AVre car CHRISTINE SMITH
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(c) All.commumcations*negotiations,or settleient discussroi by N6t 6.
participants in the course of-a mediation or a mediatio 'consul tatc r remain
confident .
2. Alt oars;promises,.c induct and st tei encs,urhetlier oral car 11tte b
either Party, or their rr presentat ves, related in any, way to-the December 19, 2013,
meeting re -#he Lawsuit are confidential, including but not limited to, follow,
discussions relating
to said meeting.
3. Any and all offers,promises,conduct and statements,whether oral or
written, shall be considered both a communication."for the purpose of,,:in the course of,
or p r:�t to-a mediation or a mediation consultation"within the meaning of'California
Evidence Code section 1119 and an "offer to camprci ise' within of
Califorciia Evidence Code section 1152;and shah-not be admissible Or s�veral�� f��
any p e it any arbitration,litigation or other proceeding between thePhifies.
4. 'Thus Agreement represents the entim agreement between,tie F'a €e��vsth
resect to subject matter hereof, and any print verbal or wrltl n<und& anriings,
acknowledgements-of agreements between the Parties with-respect to the sumo*o-null,
void and of no effect
5. In the event any action or proceeding is commenced by a Party to int�uet or
enforce aniy term, provisicin or condition of this Ag�em�; the prevat ng-Party in such
action-shall be entitled to recover, in addition to any`costs`and ether relief its reasonable
attorneys'Vis, including fees for use ofin-House counsel by a Party.
IN WITNESS WHE'REQF, duly authorized representatives of the Paxtces ha4executed
this Agreement as of its Effective Date.
CITY OF REDLANDS CHRISTINE-SMITH
Pete Aguilar,Mayor
ATTEST. BORTON PETI LLP
Sam Irwin,City Cleric Daniel L.Per uson
Attorneys for CHRISTINE SMJTH
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