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Agreements > Mediation Agreement
Before starting other types of mediation participants are required to sign this agreement which describes the ground rules for the mediation.
1. The goal of mediation is to reach a mutually acceptable Settlement Agreement ("SA") and to take all other steps necessary to resolve your dispute
without a court battle.
2. All issues pertaining to the dispute are negotiated in good faith. Therefore, it is essential that both clients share all pertinent information and provide
full, accurate financial information if necessary.
3. One or more mediation sessions are held until resolution is reached on all issues. Sessions are held with both clients present, however, often 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 shall be decided by the clients.
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 mediator/s 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, Carl Vahl will prepare a SA placing the agreements you have reached
into a legally binding format. Legally binding however does not mean that such agreements will never change. Parenting Plans may always be reviewed in
the future if a changes in circumstances occur 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 increases or decrease or other circumstances change.
8. Although Carl Vahl is an attorney, he does not represent either client or give legal or tax advice during the mediation. The mediator/s 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 dismiss PeaceMaker Mediation with no additional charge. Any potential
conflict is deemed waived by you if you choose to continue mediation. You acknowledge that you are not looking for the mediator/s 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 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 mediator all information relevant to our situation and when necessary provide financial disclosure forms
to the mediator/s.
3. We agree, that after the preparation of a SA or Amendment to our MSA we will discuss our SA or Amendment to our MSA with an independent
attorney of our choosing, if we desire, and then to attend a review session, to discuss any revisions we may want in our SA or Amendment to our MSA prior to
signing it.
4. 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.
5. 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 SA. Mediation will be considered terminated
only upon issuance of a letter of termination by PeaceMaker Mediation stating a termination date.
6. We agree, to return one more time to mediation if one of us wishes to withdraw from mediation and the other wishes to continue.
7. 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, not to represent or to be a witness for or against either client in any court
action regarding your dispute.
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.
Client______________________________________________Date______________
Client _____________________________________________Date______________
Mediator___________________________________________ Date______________
Mediator___________________________________________ Date______________
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