As we engage in mediation, you may be asked to provide documents or other information. You will also have questions. Those questions will be answered in the first mediation session.
1. Mediator Role. My role is to help guide you through the points that need to be addressed to resolve your legal matter. In mediation we will clarify areas of agreement and disagreement, and we will discuss different options that might allow agreement. You will not be pressured to accept an offer. Mediation may resolve the case entirely, partially, or not at all. We will discuss the process in more detail at the first session. However, prior to commencing the first session both parties acknowledge understanding and agreeing to the following terms.
2. Full Disclosure. Each party promises to fully disclose any and all relevant facts, documents, etc., requested by the other party that may have relevance to the mediation. If a party chooses not to disclose certain facts and requests that the mediator not disclose, the request will be honored, but mediation may be terminated.
3. Mediation Fees. Typically, the parties will split my fees equally. My fees are $500 per two-hour session. Each party is responsible for paying their own portion of the two-hour session before we meet for the first session and every session thereafter in advance of meeting.
4. Confidentiality. If I speak with either of you separately, the content of the conversation is available to the other party unless you specifically advise me not to share what is said. Statements made in mediation are generally not admissible in Court.
5. Good Faith. The parties are not required to make disclosures in mediation, but each agrees that any statements made regarding the relevant facts of the case shall be true to the best of the client’s knowledge.
6. Communication. Our communications outside the mediation session shall be through the MyCase application. Electronic communication shall not be confidential as between the parties, but the communications shall not be disclosed to the Court unless the parties agree to disclosure.
7. Document Creation. The mediator shall craft a memorandum at the conclusion of mediation detailing any agreements made by the parties. If the parties desire the creation of additional documents, the parties can discuss the creation of those documents with the mediator.