Mediation Engagement Agreement

1. What Mediation Is

Mediation is a structured, confidential process in which a neutral third party supports two individuals in developing the awareness, insight, and mutual understanding necessary to reach a voluntary agreement about how they will relate to each other going forward.

SPARC's approach to mediation is grounded in executive coaching principles. The mediator works with each party — individually and together — to surface what each person needs in order to move forward, and to translate those needs into concrete commitments both parties can sustain.

SPARC mediators follow the ethical standards of the International Coaching Federation (ICF) and the Academy of Executive Coaching (AoEC). Mediation is not therapy, legal counsel, arbitration, or adjudication. If either party's needs fall outside the scope of mediation, the mediator will say so directly and help identify appropriate alternatives.

2. Party Responsibilities

Each party agrees to:

• Engage in the process with genuine intent to reach a workable agreement
• Participate in both individual and joint sessions as the process requires
• Communicate respectfully, even when the content is difficult
• Follow through on agreed actions, or discuss what got in the way
• Raise concerns about the mediation process directly with the mediator
• Respect the confidentiality provisions outlined in Section 4

3. Mediator Responsibilities

The mediator agrees to:

• Remain neutral and not advocate for either party's position
• Prepare for sessions and be fully present
• Create conditions where both parties can speak openly and be heard
• Uphold ICF and AoEC ethical standards
• Be honest about the limits of mediation and the mediator's own competence
• Pursue ongoing supervision and professional development

The mediator's role is to facilitate understanding and agreement — not to impose solutions, render judgments, or take sides.

4. Confidentiality

Everything shared in mediation — in individual sessions and joint sessions — is confidential. SPARC will not disclose mediation content to any third party without the written consent of both parties, except where required by law or ethical obligation as described below.

Assessment Results

Any assessment administered by SPARC during the engagement — including CliftonStrengths, Leadership Circle Profile, and others — or shared by either party with SPARC is treated as confidential mediation material. Assessment results, interpretations, and related documents are not shared with sponsors, employers, the other party, or any third party without the specific written permission of the individual whose results they are.

Organizationally Sponsored Engagements

If an employer or institution is funding this engagement, they will receive only two pieces of information: confirmation that the mediation is underway and a count of sessions completed. No content, themes, disclosures, or outcomes will be shared with the sponsor under any circumstances unless both parties provide written consent. If either party chooses to share information with a sponsor or manager, that is their decision, though both parties are encouraged to discuss any such disclosure with the mediator first.

Ethical Obligations

If something surfaces in a mediation session that raises a genuine ethical concern — for example, disclosure of conduct that is unethical or professionally harmful — the mediator will address it directly and respectfully with the relevant party. The mediator's consistent practice is to give that party the opportunity to address the matter themselves, preserving their agency and integrity.

In sponsored engagements, ethical concerns may intersect with known policies of the sponsoring organization. If the situation requires disclosure to the sponsor and the relevant party is unwilling to self-report, the mediator may have an obligation to disclose — but only after that party has been given the opportunity to act first.

In individual engagements, there is no sponsor and no third-party reporting channel. If a party discloses unethical professional conduct and declines to address it after direct conversation, the mediator may determine that continuing the engagement is no longer consistent with their own ethical obligations as a practitioner, and may end the mediation.

Any agreed exception to confidentiality — such as a structured update to a sponsor — must be documented in a signed addendum before it occurs and requires the written consent of both parties.

For more information about how SPARC handles personal data, see our Privacy Statement.

5. Information Sharing Between Parties

This section governs how the mediator handles information shared by one party that may be relevant to the other.

Individual Sessions

During the mediation process, the mediator will meet with each party individually. These conversations are confidential by default — the mediator will not share information from an individual session with the other party without first discussing the material with the party who shared it.

The Discussion-Before-Disclosure Principle

Before any information moves from an individual session into the joint process, the mediator will:

1. Identify the specific material that may be relevant to share
2. Discuss with the originating party why sharing it could serve the mediation
3. Give that party the opportunity to shape how the information is presented, or to decline sharing it entirely

The Right to Withhold

Each party always retains the right to identify information they do not wish to be shared with the other party. The mediator will honor that boundary without requiring justification. If withheld information makes it impossible to reach a meaningful agreement on a particular issue, the mediator will say so directly — but the decision to share remains with the party who holds the information.

Joint Sessions

In joint sessions, both parties are present and hear the same information. The mediator may reframe or summarize what has been shared, but will not introduce information from individual sessions that has not been cleared for sharing under the process described above.

6. Session Recording and AI Tools

6a. Recording

With the consent of all parties present, SPARC may record sessions via Zoom or similar platforms. Recordings are used for two purposes only:

1. Mediation quality and professional development. Recordings may be reviewed by the mediator and, with identifying information removed where possible, used in formal supervision contexts.
2. Session documentation. Recordings help the mediator accurately capture themes, commitments, and areas of agreement to reflect back to the parties.

Recordings are not shared with sponsors, employers, or any third party. They are not used to evaluate either party. They are stored securely and deleted within the following timeframe: SPARC is committed to regular review and deletion of all client records — confidential documents, recordings, data files, and similar materials — that are no longer being held in service to the client. Typically this is done on a 30-day rolling basis. Any records kept beyond this regular cycle for supervision and practice improvement are de-identified.

Any party may decline recording at any time — including at the start of any individual session — without affecting the mediation process. A verbal request is sufficient. In joint sessions, recording requires the consent of both parties; if either declines, the session is not recorded.

Signing this agreement constitutes consent to recording under these terms. Consent may be revoked in writing at any time.

6b. AI-Assisted Summarization

SPARC may use AI tools to generate session summaries and capture key themes or commitments. These tools are used only to improve the accuracy of session documentation shared with the parties.

All AI-generated output is reviewed by the mediator before being shared. Content from individual sessions is not summarized into documents shared with the other party unless cleared under the information-sharing process in Section 5.

The parties will be notified if these practices change materially during the engagement.

6c. AI-Assisted Task Processing

SPARC may use AI desktop agent tools to process documents related to the mediation engagement — for example, organizing notes, preparing session summaries, or drafting elements of the final agreement.

How these tools work. Files are processed locally on the mediator's computer, but their content passes through the AI provider's servers during processing. Files are not stored by the provider, and SPARC disables model training on client content where that setting is available.

Scope. These tools are used only for SPARC mediation work. Content from either party is not shared with sponsors or third parties. All outputs are reviewed by the mediator before being shared.

Limitations. These tools do not currently support workflows requiring a formal compliance audit trail. SPARC will not use them to process content subject to HIPAA, FERPA, or equivalent regulatory requirements without a separate written agreement.

Opt-out. Either party may ask SPARC not to use AI task processing tools for their engagement materials. That request will be honored. Written notice to the mediator is sufficient.

Signing this agreement acknowledges the use of AI task processing tools as described. This can be modified by written request at any time.

7. The Mediation Agreement

The intended outcome of this process is a written mediation agreement, developed collaboratively, that captures:

• What each party needs in order to move forward
• Specific behavioral commitments both parties will uphold
• How the parties will relate to each other going forward
• Any review or follow-up process the parties agree to

The mediation agreement is a voluntary document. It is not a legal contract unless both parties choose to formalize it as one with independent legal counsel. The mediator can help the parties articulate their commitments clearly, but does not provide legal advice on enforceability.

Both parties must consent to the final agreement. Nothing is included that either party has not explicitly agreed to.

8. Session Logistics

• Session length: Determined by mutual agreement at the start of the engagement
• Frequency: Determined by mutual agreement at the start of the engagement
• Format: Individual sessions and joint sessions, sequenced at the mediator's discretion in consultation with both parties
• Platform: Zoom (or as mutually agreed)
• Scheduling: By mutual agreement via online scheduling (Calendly or similar)

9. Cancellation and Rescheduling

Each party agrees to give at least 48 hours' notice to cancel or reschedule. Sessions cancelled with less notice are billed at the full session rate.

The mediator will give equivalent notice and reschedule promptly when cancellation is on their end.

10. Fees and Payment

Individual engagements: Fees, invoicing, and payment terms are governed by a separate engagement letter provided before the engagement begins.

Organizationally sponsored engagements: Fees are governed by the agreement between SPARC and the sponsoring organization. Neither party has a financial obligation under this agreement unless otherwise specified.

11. Duration and Termination

This agreement covers the engagement period above. Any party — including the mediator — may end the mediation process at any time with written notice.

If the mediator determines the process is no longer serving either party or has reached an impasse that further sessions are unlikely to resolve, they will say so directly and support both parties in identifying next steps.

Pre-paid fees for unused sessions will be refunded on a pro-rated basis, except where an organizational agreement specifies otherwise.