Bay Area

Christian Conciliation Service, Inc.

Sonoma, California 95476

707-933-3011 v.

707-933-3016 f.

E-mail:CCS@bayareaccs.org

www.bayareaccs.com

Timothy J. Arensmeier, Executive Director

MEDIATION/ARBITRATION AGREEMENT

We, the undersigned parties, have received Jesus Christ as our personal Lord and Savior and believe that the Holy Bible is the inspired Word of God, by which He desires us to live and be governed.  As such, we agree to submit the following issue(s) to the Bay Area Christian Conciliation Service, Inc. (CCS), for Mediation and/or Arbitration ("Conciliation"):

It is our desire that the process used in the resolution of this dispute not be of an adversarial nature, but rather that it be based upon Biblical principles of justice, love, forgiveness and reconciliation.  We agree that the conciliator(s) shall be appointed by the CCS, and approved by us to resolve this dispute.  If mediation is unsuccessful, we agree that the dispute is to be settled by arbitration using the original conciliator(s) as the arbitrator(s).

We understand that both the CCS and any attorneys extending services on behalf of the CCS serve only as neutral intermediaries and shall not represent either of us in an attorney-client relationship.  Their advice shall not be understood to constitute legal advice as might exist between a client and their attorney.  We acknowledge that each side of this dispute may be assisted by independent legal counsel at any time during the process, and that we have been advised to seek the aid of counsel in these proceedings.

We agree that all statements made during the conciliation process shall be of a confidential nature and shall not be made known to persons not involved in the process.  It is further agreed that neither the statements made during the process nor the testimony of any arbitrator (or representative of CCS) shall be admissible for any purpose, including impeachment, in any proceeding which is or may be conducted in a court of law, except for the defense or enforcement of the arbitration award.

We agree that all costs and fees of the conciliation process (including the mediation/arbitration hearings) may be an issue of mediation/arbitration.

We agree to follow the RULES OF PROCEDURE of the CCS dated August 26, 1993, revised on September 1, 2006, currently in effect, receipt of which is hereby acknowledged.

It is understood and agreed that the undersigned will faithfully observe the agreement and the requirements of the California Arbitration Act (California Code of Civil Procedure, sections 1280 et seq.); that we will abide by and perform any award or decision; and that a judgment of any court having jurisdiction may be entered upon the award or decision.

We further agree that the decision of the arbitrator(s) is final and binding upon us all, and that by signing this document, we voluntarily and of our own free will waive the right to trial, including a right to jury, or any cause of action in the civil courts, right of appeal, regarding any issues included within this document, except as specified in the above mentioned paragraphs of the California Code of Civil Procedure.

By signing hereunder on behalf of any organization, the individual signing warrants and represents that he or she has been duly authorized by the board of directors or other appropriate authority of his or her organization to enter into this agreement on behalf of and to bind such organization.

This Agreement may be signed in counterpart originals.

Signed: ____________________________________  Date: ____________

Signed: ____________________________________  Date: ____________

Accepted by: _______________________________  Date: ____________
TIMOTHY J. ARENSMEIER
Executive Director
Bay Area
Christian Conciliation Service, Inc.

Copyright © 2006, Bay Area Christian Conciliation Service, Inc.

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Web posted June 1998

Last updated: September 1, 2006

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