Agreement to Mediate Family Matters

This discussion and any agreement reached are without prejudice to any party and is a discussion made in pursuit of settlement of the issues. The memorandum of understanding resulting from these discussions is not intended to be a legally-binding document, but rather an expression of the intentions of the parties involved.

Prior to beginning the mediation session, the parties consent to the following:

1. All pertinent information will be fully disclosed. The more open and honest people are during the mediation, the greater the possibility of a successful agreement.
2. All information disclosed during the mediation session will remain confidential, unless stated beforehand.
3. Given that the mediation process is voluntary, any party or mediator may terminate mediation proceedings at any time.
4. All parties will contribute to the fee for mediation, unless otherwise arranged between the parties. The fee is payable at the end of each session unless the parties make other arrangements.
5. If the parties request that the mediator prepare written summaries of the discussion, the hourly rate for mediation will apply to this additional time. Any other services requested by the parties will be charged at a rate discussed with and accepted by the parties.
6. It is recommended that all parties, where appropriate, obtain legal counsel to advise them on the agreements documented in the Memorandum of Understanding resulting from the mediation.
7. No party will call the mediator as a witness in litigation or other proceedings. During the mediation process, the mediator represents each party's interests and will not take sides.
8. The mediator is compelled to report any reasonable belief that a child may be in need of protection, legally required under the Child, Family and Community Services Act