DIVORCE MEDIATION AGREEMENT
- We acknowledge that the essence of Divorce Mediation is our shared belief that it is in our best interests to commit ourselves to avoiding litigation.
- We agree to use Divorce Mediation, which does not rely on a Court-imposed resolution, and does rely on an atmosphere of honesty, cooperation, integrity and professionalism geared toward the future well-being of the participants.
- We want to minimize, if not eliminate, the negative economic, social and emotional consequences of protracted litigation. We also want to refrain from bringing to mediation an attitude that seeks to assign blame and see the world (including our spouse) in the paradigm of good-bad, right-wrong and winner-loser. We understand that such attitudes lead to protracted arguments and impasses to settlement of the case.
II. NO COURT OR OTHER INTERVENTION
- We commit to settling our case in a fair and equitable way without court intervention.
- We agree to provide full, honest and open disclosure of all information, whether requested or not.
- We agree to engage in informal discussions and conferences to settle all issues.
- We understand there is no guarantee that mediation will be successful in resolving our case.
- We understand that the mediation process cannot eliminate concerns about the disharmony, distrust and irreconcilable differences that may have led to the divorce proceedings.
- We understand that we are expected to assert our respective interests in a forthright and undemanding way.
- We agree to be vigilant and informed about all matters addressed in mediation and ask questions where we believe we need to be better informed. We understand that the success of mediation significantly increases when we take responsibility for our own preparedness.
IV. PARTICIPATION WITH INTEGRITY
- We will work to protect the privacy, respect and dignity of all involved in the mediation.
- We will maintain a high standard of integrity and shall not take advantage of each other or of the miscalculations or inadvertent mistakes of others. If this occurs, we shall help to identify and correct them.
V. NEGOTIATION IN GOOD FAITH
- We understand that the mediation process, even with full and honest disclosure, will involve vigorous good faith negotiation.
- We understand that we are expected to take a reasoned position in all disputes. When disagreements arise in mediation, each participant will be encouraged to use their best efforts to create proposals to meet the fundamental needs of both parties in order to reach full settlement of all the issues.
- Although we may discuss the likely outcome of a litigated result, none of us will use threats of litigation as a way of forcing settlement.
VII. SHARED FEES AND COSTS
- We agree to equally share the fees and costs incurred in mediation..
VIII. ABUSE OF THE MEDIATION PROCESS
- We understand that our mediator or any consultants or professionals involved in the mediation may withdraw from the process upon learning that a participant has withheld or misrepresented information or otherwise acted to undermine or take unfair advantage of the mediation process. Examples of such violations of the process are: the secret disposition of community, quasi-community or separate property, failing to disclose the existence or the true nature of assets and/or obligations and failure to participate in the spirit of the mediation process.
- We understand that our mediator/attorney is serving as a neutral and is not in the position of representing the interests of one party against the other or otherwise taking the “side” of either participant. Further, the mediator/attorney may ever represent either participant in court against the other spouse.
- We agree that all oral and written communications by and between the parties or the mediator professionals, including their notes and work product, as well as all materials created or used and acts occurring during the mediation are confidential and may not be the subject of a subpoena or other legal discovery, nor admitted into evidence, unless the parties, the mediator and any other professionals involved in the process agree otherwise in writing.
- We further agree that neither the mediator nor other professionals or consultants involved in the mediation are subject to service of legal process or subpoena to produce evidence or to testify regarding any matters related to this collaborative case.
THE PARTIES AND THE MEDIATOR HEREBY AGREE TO COMPLY WITH AND PROMOTE THE SPIRIT AND WRITTEN WORD OF THIS DOCUMENT.