Mediation Agreement
EXTENT OF SERVICES: I will help you reach a settlement agreement in a collaborative and informed manner but have no power to decide issues for you. I have an obligation to work on behalf of each of you; and you may withdraw from or suspend the mediation process at any time.
CONFIDENTIALITY: The best way to reach a settlement is to explore all of the options that are available to you. In order to do this, each of you must be free to develop settlement options without fear that any such options might be used against your interest in any future proceeding.
Therefore, you must all agree that all communications between us are privileged and shall be protected from disclosure to third parties; and that neither of you can use any information gathered during the mediation against the other in any future proceeding.
Further, you must all agree that you will neither subpoena my records; nor seek to take testimony from me, or act in any other way to divulge my records or any communications between us. If I am required to answer any such subpoena by a Court, you agree to reimburse me for any expense incurred in resisting such disclosure, including my legal fees.
Finally, I will destroy all of the notes and records made during the course of the mediation and will return any original documents to you upon the closing of my file, whether or not an agreement is made.
FULL DISCLOSURE: In order for both of you to have full knowledge of all of the relevant facts, I require each of you to provide the other with any and all information he or she believes is necessary to reach an informed agreement.
LEGAL ADVICE: Although I may provide you with legal information about any issues that may arise, I will not provide any party with legal advice. That is, I will not help one of you if it is solely addressed to you individual interest. If you feel that you need legal advice at any time during the mediation process, I encourage you to consult with your attorney.
PRIVATE COMMUNICATIONS: In order to avoid any misunderstanding, I will not speak with either of you on the telephone unless the other party has authorized the communication. In addition, I will not read or respond to e-mails from one party unless a copy has been sent to other parties. Any time I spend speaking with either party or reading and responding to any e-mails will be charged at my regular hourly rate; with a minimum of 2/10 of an hour.
MEDIATION FEES: Fees for all mediation services are due in full at the conclusion of each session. Send an e-mail or call at (716) 852-1888 for a free quote.
MEDIATION APPOINTMENTS: I will see you promptly at the scheduled time and will charge you from that time, so I recommend that you arrive on time for your mediation appointments. If you are unable to keep an appointment, please provide me with at least three business days notice so I can rebook the time.