Agreement for Divorce Mediation
1. Parties: The parties to this Agreement are:
a. Mediator: Jane Iddings, J.D., M.S.W.
b. Clients:
i. First Client:
ii. Second Client:
2. Purpose: The purpose of this Agreement to Mediate is to set forth the roles and responsibilities of the parties in the mediation of the Clients’ divorce. The parties agree to uphold both the letter and the spirit of mediation.
3. Agreement to Mediate: The Mediator agrees to mediate the Clients’ divorce and the Clients agree to engage the services of the Mediator for the purpose of mediating their divorce, subject to #4b below.
4. General Understandings and Agreements for All Parties:
a. Informed Decision: The Clients acknowledge they have made an informed and voluntary decision to use mediation as their preferred process for their divorce.
b. Mediation Is Voluntary: The parties understand that mediation is entirely voluntary, that any of the parties may terminate a session or the entire mediation with or without a reason.
c. Business Conduct: The parties understand that mediation is conducted in a business setting and they agree to conduct themselves at all times in a businesslike manner, being respectful in their communications and conduct with each other.
d. Attendance: The parties agree to attend all scheduled mediation sessions and to arrive on time. If they are unable to attend, the parties agree to provide a minimum of 48 hours’ notice (Please see Fees below).
e. Limitations of Mediator: The Clients understand and acknowledge that the Mediator does not legally represent the Clients, and that the Mediator does not provide legal or financial advice (including but not limited to pensions and tax matters).
f. Mandatory Disclosure: The parties understand that California Family Law requires divorcing parties to disclose specified financial information as set forth in #6 below.
g. Multiple Sessions: The parties understand that due to the multiple topics inherent in divorce that there will be multiple mediation sessions in which to discuss them, with each session lasting approximately 2 hours long. The number of sessions required will depend upon the complexity of the topics or issues, the time it takes for the Clients to gather required and necessary information, the length of discussions necessary for informed decision making by the Clients, and the speed at which the Clients wish to proceed.
h. Confidentiality of Mediation: The parties agree that pursuant to California law what is disclosed in mediation is confidential, meaning that the parties cannot be subpoenaed in a civil proceeding to testify about what is said and done in mediation. Information generated in mediation is confidential unless it is information that can be independently accessed and then that is not confidential, e.g. a credit card or bank statement. Further, the Clients may agree between themselves as to their intention to extend the confidentiality beyond the legal definition, i.e. to agree to keep the mediation sessions confidential as to children, other family members, etc.
i. Email: The parties agree that email can be the easiest and most efficient form of communication and they agree to use it unless other methods of communication are more appropriate. The parties agree to provide each other with email addresses. The Clients and Mediator may also phone each other. However, the Clients understand that the Mediator is a neutral and all conversations and emails will be disclosed to the other Client.
j. Ground Rules: The parties agree to adhere to “Ground Rules” to be developed by the parties.
5. Mediator’s Role and Responsibilities:
a. Business Setting: To create a businesslike and emotionally comfortable environment for the mediation.
b. Facilitate Discussions: As a professional mediator, to facilitate or assist the Clients in discussing with one another the topics pertinent to their divorce.
c. Decision Making: The Mediator is not a decision maker; the Clients alone will make the decisions required to complete their divorce.
d. Mediator Neutrality: To be neutral, meaning she does not “take the side” of either Client.
e. Plan and Structure: To provide a plan and a structure for the logical and efficient discussion of the topics pertinent to the Clients’ divorce.
f. Suggest Use of Experts: To suggest to the Clients, when appropriate, the use of neutral and non-neutral experts to assist them, including but not limited to:
i. Consulting Attorneys (non-neutral): To specifically recommend to the Clients that they separately seek independent legal advice from a Consulting Attorney for legal issues and for the review of their mediated agreement before signing it.
ii. Tax advice: To specifically recommend to the Clients that they seek tax or other appropriate financial advice during the mediation sessions if appropriate and/or before signing the mediated agreement
g. To terminate the mediation if the Mediator feels in her professional judgment that the mediation is harmful or unworkable to either or both Clients, or that the Clients’ agreement is unlikely to be approved by the court.
6. Clients’ Role and Responsibilities:
a. To Gather and Disclose Information: To gather all information required by state law and as required for the efficient completion of their divorce and to disclose this to each other. Specifically to complete:
i. The Schedule of Assets and Debts (FL-142) and
ii. The Statement of Income and Expenses (FL-150).
b. Defer Litigation: To defer divorce litigation until the mediation is terminated.
c. Pay for Mediation Services: To pay the Mediator for services rendered including mediating and other work performed between sessions at the request of the Clients. Mediator services also include but are not limited to necessary phone calls and emails.
i. The Mediator’s hourly rate is $___. The Mediator schedules 2 hour mediation sessions and the Clients agree to pay for the full 2 hour sessions plus any additional time beyond the 2 hours based on the Mediator’s hourly rate in 5 minute segments.
ii. The Clients agree to pay the Mediator at the end of each Mediation session either by check or cash. This is for both the current mediation session and any work performed by the Mediator between sessions, billed in advance by the Mediator.
iii. If the Clients fail to attend a mediation session without giving the Mediator a minimum of a 48 hour notice, the Clients agree to pay the Mediator for one hour.
7. Dispute between the Mediator and Clients: Should a dispute arise between the Mediator and the Clients regarding, for instance, fees, or any other dispute, the parties agree to select a mutually acceptable Sonoma County mediator to mediate the dispute.
8. Binding Agreement: The parties agree to be bound by this Agreement.
Agreed to this _________ day of ______________, 2011 in Petaluma, California by:
___________________________
Client
___________________________
Client
____________________________
Mediator: Jane Iddings, J.D., M.S.W.