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Agreements > Divorce Mediation Agreement
Before starting divorce mediation participants are required to sign this agreement that describes the ground rules for the mediation.
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1. The goal of mediation is to reach a mutually acceptable Marital Settlement Agreement ("MSA") and if you desire, to take all other steps necessary to
accomplish the dissolution of a marriage without a court battle.
2. All financial, property and children related issues are negotiated in good faith. Therefore, it is essential that both clients share all pertinent personal
information and provide full, accurate financial information.
3. One or more mediation sessions are held until resolution is reached on all issues. Sessions are held with both mediators and both clients present,
however, a portion of one session may be held with each of the clients separately. The content of separate sessions and phone calls will remain confidential
unless you specifically agree to the sharing of information discussed during the separate session or phone call.
4. The issues to be discussed typically include: division of marital property, division of marital debts, spousal support, child support and parenting plans.
5. The mediators' role is to structure the negotiations and help the clients explore options and obtain information, so that they can reach an agreement
that will work for both of them. The mediators do not make the decisions; the clients do.
6. The mediators will help the clients deal with the difficult moments which may come up and are often a normal part of the mediation process.
7. If the mediation is successful and there are no outstanding issues in dispute, the final legal paperwork for the divorce can be completed by Carl Vahl
or an attorney of your choosing. If Carl Vahl completes the final paperwork you will discharge PeaceMaker after the signing of the MSA and one of you will
hire Carl Vahl to complete the divorce on a default basis. This means that the MSA will be presented to the court with the final divorce papers and will be
incorporated in the judgment of divorce. The only relief the court will order will be what is agreed to by you in the MSA, however, if a complicated child
support arrangement exists the court may review that as well. Parenting Plans may be reviewed in the future if a significant change of circumstances occurs
which either parent believes requires a different arrangement. Also, child support may be increased or decreased in the future if the income of the parties
increase or decrease or other circumstances change. Almost all divorces can be completed without an in person court appearance by either spouse.
8. Although Carl Vahl is an attorney, he does not represent either client or give legal or tax advice during the mediation. The mediators do not provide
any type of counseling during mediation.
9. If a potential conflict of interest arises, the situation will be discussed with everyone present. A typical potential conflict of interest is if either party or
a family member knows a mediator. If either party feels uncomfortable they may end the mediation with no additional charge. Any potential conflict is
deemed waived by you if you choose to continue mediation. If you choose to complete your divorce paper work with the assistance of Carl Vahl, rather than
hiring separate lawyers you waive and release any claim that PeaceMaker Mediation is acting as a lawyer “representing” either or both of you. You
acknowledge that PeaceMaker Mediation has advised you of your right to have a lawyer of your own choosing complete the divorce and that you are
voluntarily choosing to proceed. You acknowledge that you are not looking for either mediator to give you legal advice or represent one of you against the
other.
10. Mediation, by its nature, is a private and confidential dispute resolution process. Confidentiality and privacy is extremely important because without
it, it is less likely that participants will feel free to be candid, open and frank during mediation. Therefore, we understand that no evidence of anything said or
any admission made and no writing prepared for or in the course of mediation shall be discoverable or admitted into evidence if mediation fails and court
action is necessary. All communications and discussions, both written and oral, made during mediation shall be considered confidential settlement
negotiations exempt from disclosure.
We, ________________________ and ________________________, agree to the following:
1. We agree, to leave all assets and insurance policies unchanged during the mediation, except by mutual agreement. It is understood that our regular
bills will continue to be paid as they have been in the past. We agree to keep the status quo until the mediation is complete or mediation is terminated
before completion.
2. We agree, to disclose to each other and the mediators our assets, debts, income, and expenses, and to complete and submit financial disclosure
forms to the mediators.
3. We agree, to obtain appraisals of our major assets, including businesses and pension plans, if necessary.
4. We agree, to consult with accountants and/or financial planners if we desire or if the mediators recommend that we do so.
5. We agree, that after the preparation of a MSA we will discuss our MSA with independent attorneys of our choosing, if we desire, and then to attend a
review session, to discuss any revisions we may want in our MSA, prior to signing it.
6. We agree, that if we choose to utilize Carl Vahl to complete the divorce paperwork, we waive and release Carl Vahl and PeaceMaker Mediation and
agree not to bring any claim that PeaceMaker Mediation or Carl Vahl represented both or one of us against the other during the mediation process. We
agree to the divorce being finalized on a default basis as long as the relief granted by the court is the incorporation of the MSA.
7. We agree, not to subpoena the mediators or their records into any legal action, arbitration or proceeding of any nature. We agree to keep all
communications made in mediation private and confidential. We agree that in the event the mediation is unsuccessful or if any legal challenge comes
about after a successful mediation, no evidence of anything said or admission made and no writing prepared for or in the course of mediation shall be
discoverable or admitted into evidence in and legal action, arbitration or proceeding of any nature. We agree that all communications, negotiations, and
settlement discussions by and between participants and the mediators during mediation shall remain private and confidential.
8. We agree, that if a legal proceeding has already been commenced, to a general adjournment during mediation and agree to allow an additional 30
days for the filing of the next pleading by either party in the event that we end the mediation without a signed MSA. Mediation will be considered
terminated only upon issuance of a letter of termination by PeaceMaker Mediation stating a termination date.
9. We agree, to return one more time to mediation if one of us wishes to withdraw from mediation and the other wishes to continue.
10. We agree, to avoid phoning the mediators, unless an urgent need exists.
PeaceMaker Mediation and the mediator/s agree to the following:
1. We agree, that in the event mediation is terminated before completion or if any legal challenge come about after a successful mediation Carl Vahl
will not represent either party nor will either mediator be a witness for or against either party in any legal action, arbitration or proceeding of any nature.
2. We agree, not to communicate with an attorney for either client unless both clients consent.
3. We agree, to release papers from our files to third parties, only with the consent of both clients.
4. We agree, to withdraw from mediation if it is not productive or if either client breaches this agreement.
Spouse_____________________________________________Date______________
Spouse ____________________________________________Date______________
Mediator___________________________________________ Date______________
Mediator___________________________________________ Date______________
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