1. ___ and ___ have agreed to utilize the services of The Mediation Center of Santa Cruz to mediate the issues arising out of their family law matter. It is the intention of _____ and _____ to attempt to resolve their issues in a collaborative and non-adversarial dialogue. The role of the mediator is to facilitate the discussions and to enable each party to reach his/her best possible outcome. To that end, the parties are encouraged to acquire all the information and analysis needed to make their best agreement. Any information or analysis which the mediator provides in response to the request of the parties and will be introduced into the process in a neutral manner consistent with the impartial role of the mediator. 2. Independent expert opinion may be necessary to establish a factual basis with respect to particular issues (such as the value of a business interest, parcel of real property, pension plan, etc.). In that event, the parties will discuss and make an agreement upon an appropriate method of obtaining that independent information. The objective is to have the parties deal directly with the persons providing the independent expert analysis in order to have the most direct access possible to the information. In the event that the parties choose to obtain additional independent expert opinions or separate expert opinions, the parties agree to share those opinions in the mediation sessions in order to more fully explore the widest range of options available to each. 3. The parties acknowledge that there may be complex legal questions, such as the valuation of assets and liabilities and the tax consequences relating to division of assets and liabilities and support. In addition to the use of independent expert opinion (as described in paragraph 2.), the parties are encouraged to obtain independent legal advice, tax, accounting and financial advice regarding the issues they will be negotiating. Any independent legal counsel or expert advice should be obtained prior to signing any written agreements. It is recommended that the advice be obtained as early in the process as possible to help in formulating goals and objectives. 4. It is also understood that parties, not the mediator, shall be responsible for deciding on the value of any item of property and that each party is free to obtain an appraisal of any item of community or separate property. Both parties agree to make full disclosure to each other and to the mediator of all assets and income in which they have an interest and all liabilities for which they may have an obligation. 5. To the extent that the parties agree to allow individual caucuses with the mediator, it is understood that the mediator will not hold in confidence secret information. By the same token, since the purpose of the caucus is to work on individual issues relating to the process or the subject matter, discussions relating to personal feelings, thoughts or opinions will not be reported on by the mediator. In order to effectively facilitate the making of agreements, the mediator will not form judgments about the truth of what is said in mediation. What is important in facilitating communication between the parties, is for the mediator to understand the truth as it is experienced by each party. 6. The fees for mediation are payable at the end of each individual session at the agreed upon rate of $___ per session for an hour and a half session. In addition to the session fee, it is agreed that the fee for the Marital Settlement Agreement will be $___, payable at the time the draft document is ready for delivery. The preparation of a Qualified Domestic Relations Order (QDRO) disposing of the marital interest in a qualified pension plan will be referred to a specialist for preparation. In the case of routine defined contribution plans (such as Individual Retirement Accounts, 401(k) plans, Keogh accounts, etc.) the fee for the QDRO will be $___ per order. Fees for any other documents or agreements requested by the parties will be discussed and agreed upon prior to the preparation of the work. The mediation sessions necessitate the setting aside of a block appointment of one and one-half hours. In the event of a missed appointment or an appointment canceled with less than twenty four hours notice, the clients shall be liable for the first one-half hour of billable time. 7. In actions requiring legal proceedings (Dissolutions, Legal Separations, Annulments, etc.), the parties understand that it is their responsibility to prepare or arrange for preparation of all pleadings filed with the court. Neither the mediator nor his office shall be responsible for the preparation, form or content of any court documents nor for the filing of same with the Clerk of the Court (excepting the Marital Settlement Agreement and any documents actually drafted by the mediator). Following the execution of the Agreement, the parties may have questions regarding enforcement in terms of the Agreement and or Judgment. The parties understand that it is the responsibility of each, not of the mediator, to see to it that the other party carries out the terms and conditions of the Agreement and or Judgment. The parties agree to seek advice of their own legal counsel regarding any questions they may have which are not answered in mediation which relate to the enforcement of the executed Agreement or regarding review of the final draft of the Agreement before it is signed. 8. Typically, parties enter into two types of agreements. The first category is Temporary Agreements. These are agreements that govern the conduct of the parties during the mediation process itself. They may cover issues such as temporary support or cash flow, payment of obligations, use by the parties of community assets, parenting agreements, restraining orders or anything else which the parties wish to have reduced to a written Temporary Agreement. These agreements may be modified or renewed from time-to-time and are superseded by any final agreement. Secondly, there are agreements that will be incorporated into the final written document called the Marital Settlement Agreement. In order to insure that any Temporary Agreements entered into will be enforceable and will not be unilaterally terminated, those agreements may be reduced to writing in a document called "Memorandum of Temporary Agreements." These temporary agreements will become effective when the memorandum is signed by each party. It is understood that, in reducing any such agreements to writing, the parties elect to empower the court to enforce such agreements in the event that mediation is terminated and litigation is subsequently undertaken. 9. In the event that there is any disagreement between any of the parties to this Agreement concerning the payment of fees, this Agreement, or any other claim relating to this mediation, all parties agree to submit such dispute to arbitration under the rules of the Code of Civil Procedure of the State of California. 10. The parties agree that the purpose of mediation is to resolve their differences in a non-adversarial environment. In the event that mediation terminates without resolving all issues, the parties agree that statements made by each other in mediation shall be considered confidential and shall not be used as evidence in any subsequent legal proceeding. It is additionally agreed that the following portions of Evidence Code Section 1152.5 shall apply to this Agreement: (a) Subject to the conditions and exceptions provided in this section, when persons agree to conduct and participate in a mediation for the purpose of compromising, settling, or resolving a dispute: (1) Evidence of anything said or of any admission made in the course of the mediation is not admissible in evidence, and disclosure of any such evidence shall not be compelled, in any civil action in which, pursuant to law, testimony can be compelled to be given. (2) Unless the document otherwise provides, no document prepared for the purpose of, or in the course of, or pursuant to, the mediation, or copy thereof, is admissible in evidence, and disclosure of any such document shall not be compelled, in any civil action in which, pursuant to law, testimony can be compelled to be given. (b) Subdivision (a) does not limit the admissibility of evidence if all persons who conducted or otherwise participated in the mediation consent to its disclosure.
Dated:______________
__________________________ __________________________ Client Client
______________________ Mediator
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