Your Agreement to Mediate
A written "Agreement to Mediate" protects everyone who participates in mediation. You can see how this works by reviewing the basic form that I use. It is posted at the end of this page.
I am always willing to edit this basic form to meet the needs of a particular case. For example, perhaps not everything is up for discussion, and the scope of mediation needs to be limited. In that situation, the first "Scope" section can be changed to meet your needs.
Part of the protection offered by the Agreement is a formal written advisal that I don't provide legal advice or representation to any party in mediation. For example, I might be able to find a deal that both parties can accept, but perhaps one party really could do better in court. As a mediator, I am not there to advise anyone about whether they should accept an agreement; my role is simply to find a deal when the parties have been unable to do so for themselves. You really do need to find your own legal advisor if you want one. Indeed, I recommend that you take the advice of counsel before you sign any agreement with the opposing party.
Other sections of the Agreement to Mediate help protect any agreement that is made, by making it hard to pierce the secrecy of the negotiations. This protection is also there to help people speak freely during the mediation. Specific agreements about document exchange and document destruction add detail to the confidential nature of mediation. When parties agree to other people joining in the mediation, I can add space for additional signatures, so that everyone present is brought within the agreement to maintain confidentiality.
I do detail my fee structure and payment arrangements. These can also be adjusted to meet the needs of particular cases, such as those requiring me to do extensive pre-mediation interviews; review voluminous documents, or to assist with extended document drafting after the mediation session has ended.
I am always willing to edit this basic form to meet the needs of a particular case. For example, perhaps not everything is up for discussion, and the scope of mediation needs to be limited. In that situation, the first "Scope" section can be changed to meet your needs.
Part of the protection offered by the Agreement is a formal written advisal that I don't provide legal advice or representation to any party in mediation. For example, I might be able to find a deal that both parties can accept, but perhaps one party really could do better in court. As a mediator, I am not there to advise anyone about whether they should accept an agreement; my role is simply to find a deal when the parties have been unable to do so for themselves. You really do need to find your own legal advisor if you want one. Indeed, I recommend that you take the advice of counsel before you sign any agreement with the opposing party.
Other sections of the Agreement to Mediate help protect any agreement that is made, by making it hard to pierce the secrecy of the negotiations. This protection is also there to help people speak freely during the mediation. Specific agreements about document exchange and document destruction add detail to the confidential nature of mediation. When parties agree to other people joining in the mediation, I can add space for additional signatures, so that everyone present is brought within the agreement to maintain confidentiality.
I do detail my fee structure and payment arrangements. These can also be adjusted to meet the needs of particular cases, such as those requiring me to do extensive pre-mediation interviews; review voluminous documents, or to assist with extended document drafting after the mediation session has ended.
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