2007-4-27 Mediation Agreement; Gold Key Development MEDIATION AGREEMENT
Gold Key Development, Inc. v. City of Albertville, et al.
T/C Homes, Inc. v. Gold Key Development, Inc. et al.
The undersigned parties agree on Apri127, 2007 as follows:
l. The undersigned are parties or representatives of parties to the controversy
_ identified as Gold Key Development, Inc. v. City of Albertville, et al. and T/C
Homes, Inc. v. Gold Key Development, Inc. et al. and they have agreed to seek to
resolve the controversy through mediation.
2. Each party acknowledges that the mediator has given them written notice that (a)
the mediator has no duty to protect their interests or provide them with
information about their legal rights; (b) signing a mediated settlement agreement
may adversely affect their legal rights; and (c) they should consult an attorney
� before signing a mediated settlement agreeme�nt if they are uncertain about their
rights.
3. The parties acknowledge that prior to the commencement of the mediation, they
were provided with a disclosure of the qualifications of the mediator, including a
description of the mediator's educational background and relevant training and
experience in mediation.
4. The parties acknowledge that participation in the mediation is voluntary and may
be terminated at any time by any party, their representative or the mediator upon
notice to the other parties. The provisions of the Minnesota mediation statute with
respect to� the termination of inediation only upon written notice are hereby
waived.
5. The parties agree that (a) all statements, documents and disclosures are under the
rules of evidence and will be inadmissible by any person unless offered by the
person giving the statement, revealing the document or making the disclosure or is
otherwise independently admissible; and (b) the mediatar will not be compelled to
give testimony at a deposition or trial, or by other means or at other times, as to a
matter learned through the mediation, except to prove the existence or the tei-ms of
a settlement agreement which is made at or through the mediation session or
process.
GOLD KEY DEVELOPMFNT, INC.
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CITY OF ALBERTVILLE
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T ES, INC.
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SH-0RT ELLIOT HEND CK ON .
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