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Agreement of parties to mediate. This is an agreement between ____________________________________ and ______________________________________ to enter into mediation with Dianna Poindexter of Try Mediation. We understand that this mediation process is related to fostering settlement and resolving controversies between us. Mediation is a process of communication using courtesy and respect. This is demonstrated by one person talking at a time and not interrupting one another. A good rule of thumb is to treat one another as you would treat a business colleague.
Section 1. Conduct of parties. We agree to mediate in good faith and to deal with the issues in a fair manner. We will not use the information gained in mediation against the other person. We agree to share fully and honestly all the information which is pertinent to the issues.
Section 2. Confidentiality. We agree that what happens in mediation is fully confidential and the information will not be used in any Court of Law unless an agreement is reached to do so. We further agree not to subpoena the mediator or her records. Note: As a professional, the mediator is required by law to report any suspected child abuse or neglect. There is also an ethical duty to warn or take appropriate action to protect if a client expresses intent to harm self or others.
Section 3. Participation of children and others. If it seems beneficial to include others (for example children, male/female friends, live in relationships) it will be by mutual agreement.
Section 4. Third Party Involvement. To facilitate the mediation process, the parties shall refrain from discussing the matters in mediation with friends, relatives or others. However, they are encouraged to consult with legal counsel at any time, and they may consult with mental health professionals or clergy as they may find helpful.
Section 5. Postponing Mediation. We agree that one or both of us may postpone the mediation process for a reasonable amount of time in order to participate in professional counseling. We understand that the purpose of counseling will be to address any personal problems that may be impairing the mediation process and preventing us from reaching an agreement.
Section 6. Determination of an impasse. Impasse is defined as having failed to reach an agreement on an issue after examining all information and options reasonably available. Impasse is also defined as the failure or refusal of one or both of the parties to abide by the Agreement to Mediate.
Section 7. Procedures after reaching an impasse. We understand that mediation is a voluntary process and one or both of us can terminate the process at any time. If the process is terminated by either of us, or an impasse is declared by the mediator, we understand that the mediator will simply inform the Court, in writing, that mediation was attempted, but no agreement was reached.
Section 8. Procedures after reaching agreement. We understand that the mediator will prepare our agreement in a written "Memorandum of Understanding" that will state all the terms of our agreement. After receiving our copies, we may contact our respective attorneys. Should one or both of us desire to change the agreement after consulting with our respective attorneys, we agree to return to mediation.
Section 9. Legal Representation. We understand that legal advice and legal representation are NOT given in mediation, and we agree that legal issues generated by our decisions will be referred to our respective attorneys.
We acknowledge that we have read the Agreement to Mediate, that we have been given a copy of it, and that the original is part of our record.
Print name:_______________________________ Sign:____________________________________ Date____________
Print name:_______________________________ Sign:____________________________________ Date____________
Mediator: ________________________________________ Date____________