Mediation Agreement

The undersigned attorneys, on behalf of themselves and their clients agree to engage Robert Harley (the "Mediator") to act as a mediator to assist in attempting to reach a settlement agreement in the case of     . They acknowledge that the Mediator is being similarly engaged by all attorneys and parties in this case, adverse or othenrise.

They acknowledge that the Mediator owes neither a duty nor a responsibility to them, nor to any attorney or party in this mediation other than appearing and talking to the parties. They understand that the Mediator neither represents them, their client(s) nor any other attorney or party, but will serve as an impartial mediator. They agree that under no circumstances willthey accept any statement or action by the Mediator as the rendering of legal information, advice or services to them, or to any other person. They acknowledge that the Mediator's participation as a mediator does not in any way constitute the practice of law by the Mediator.

They acknowledge that they have read the annexed fee schedule and acknowledge their responsibility to pay whatever fees are incurred pursuant to that schedule. They understand that the fees are due and payable whether or not the mediation is successful. They understand that if the fees due in advance are not paid that the mediation will not go fonruard and that any expenses that may have been incurred in scheduling the session will be their responsibility to pay.

The parties agree to maintain the confidentiality of the mediation and shall not rely on, nor introduce as evidence in any court, arbitration, or other proceeding:

  1. Views expressed or suggestions made by another party or the Mediator with respect to a possible settlement of the dispute or any other aspect of the controversy;
  2. Any purported admissions made by any attorney or party in the course of the mediation proceedings;
  3. Proposals made or views expressed by the Mediator;
  4. The fact that another party had or had not indicated willvingness to accept a proposal for settlement made by the Mediator, or by anyone else.
The Mediator Bob Harley

Robert Harley is the principal Mediator/Arbitrator for Harley Mediation. Bob was a trial lawyer and litigator for thirty-five years and has an international reputation. He has represented both plaintiffs and defendants in cases both in the United States and abroad. For nearly a decade he has used that experience exclusively in assisting in the negotiated resolution of the most complex and intricate disputes, as well as more simple ones, both personal injury and commercial.

The Boston Globe said of Bob Harley that he is "a superb lawyer with excellent trial skills...praised by colleagues for efficiency and thoroughness" The Globe also described him as a "master communicator able to convey complex medical and legal information in a clear, understandable way."

Bob is a contributing author and co-author of four legal textbooks. Additionally, he has published numerous articles in professional journals. He lectures and teaches for continuing legal education programs sponsored by bar associations and legal journals in the United States and abroad. He has most recently been asked to lecture at CLE programs in Mediation sponsored by Hofstra Law School and the New York City Bar Association. He has been an expert commentator for ABC, CNBC, CourtTV and NewsTalk TV. He was also part of a malpractice case mediation initiative sponsored by the New York State Trial Lawyers Association.

With Bob Harley, Harley Mediation offers lawyers and their clients the rare opportunity to have their dispute resolved by someone who has had over 45 years of hands-on intimate experience with every aspect of litigation.