Model "Agreement to Mediate" - While many mediators have their own forms of an "agreement to mediate" these forms sometimes conflict with state laws and policy. In the case of mediation confidentiality, for example, state law treats state agencies differently than other parties in a mediation. Unlike mediations between private parties, a mediation involving a state agency is NOT confidential, unless the agency has adopted certain rules. For this, and other reasons, agencies and mediators are encouraged to carefully consider the provisions in this model agreement.