The Signed Parties have entered into mediation with the Mediator with the intention of reaching a consensual settlement of their domestic dispute. The provisions of this agreement are:
- Good Faith: We agree to enter into this mediation in good faith; that is, we will sincerely attempt to resolve the issues at hand by participating fully and genuinely in the search for fair and workable solutions.
- Honesty: We agree to be honest and to completely disclose all relevant information and documents concerning this matter to the other Parties and Mediator. This includes all documentation that would be available through the discovery process in a normal legal proceeding. If any Party fails to disclose fully, the agreement reached in mediation may not be enforceable.
- Courtesy: We agree to cooperate with the mediation process by remaining courteous throughout the sessions. We will refrain from personal attacks and angry outbursts, and will respect the opinions, perceptions and feelings of the other Parties in mediation.
- Neutrality of Mediator: We understand that the Mediator serves as a neutral third party whose purposes are to promote communication and to help the Parties reach a mutually satisfying agreement. The mediator shall conduct the mediation based on the principle of party self-determination. Selfdetermination is the act of coming to a voluntary, uncoerced decision in which each party makes free and informed choices as to process and outcome. She will not act as an advocate or attorney and will not offer legal advice. She will not act as a judge and will not order the Parties to do anything. Her role is as a neutral facilitator.
- Independent Advice: The Mediator has advised us to consult with an attorney regarding our legal interests, rights and obligations. We also have been advised that consultation with other professionals, including a tax advisor, financial planner, or psychotherapist may be advantageous in protecting our interests.
- Confidentiality: We understand that the mediation process requires open and honest communication to succeed. Accordingly, all written and oral communications, negotiations, and statements made in the course of the mediation will be treated as privileged settlement discussions and are absolutely confidential. Two exceptions to this confidentiality agreement exist. First, this Agreement to Mediate and any resulting Settlement Agreement signed by the Parties may be used in any relevant proceeding. Second, the Mediator is required to report certain matters, such as new incidents of child abuse, abuse of an elderly or incapacitated person, and current threats of physical violence. Confidentiality does not extend to these matters. Noting these exceptions,
- We understand that the Mediator will not voluntarily reveal anything discussed in mediation without the permission of the parties.
- We agree that we will not, at any time, during or after the mediation, call the Mediator as a witness in any legal or administrative proceeding concerning this dispute. To the extent that we may have a right to call the Mediator as a witness, that right is hereby waived.
- We agree not to subpoena or demand the production of any records, notes, work product or the like of the Mediator in any legal or administrative proceeding concerning this dispute. To the extent that we may have a legal right to demand these documents, that right is hereby waived.
- If, at a later time, a Party decides to subpoena the Mediator, the Mediator will move to quash the subpoena. That Party agrees to reimburse the Mediator for whatever expenses she incurs in such action including attorneys’ fees, plus $200. per hour for the Mediator’s time.
- We agree that we will not record the mediation session, either by audio or visual means.
- Caucus or Private Meeting: We agree that any Party may hold private sessions with the Mediator at his/ her or the Mediator’s request before, during, and after any scheduled mediation conference. Such communications may be conducted via telephone, in writing, via email, online, in person, or otherwise.The parties are encouraged to exchange all documents pertinent to the relief requested. The Mediator may request the exchange of memoranda on issues, including the underlying interests and the history of the parties’ negotiations.
Information that a party wishes to keep confidential may be sent to the Mediator, as necessary, in a separate communication.
- Withdraw from Mediation: We understand that mediation is a voluntary process, and that any Party may terminate the mediation at any time. The Mediator also reserves the right to withdraw if she determines that the issues cannot be resolved in mediation or that she is unable to provide the services necessary to reach resolution. If any Party or the Mediator decides to withdraw, we agree to discuss the decision with the other involved parties, and to confirm the termination in writing.
- Termination of Mediation: We understand that the mediation shall be terminated:
- By the execution of a settlement agreement by the Parties; or
- By a written or verbal declaration of the Mediator to the effect that further efforts at mediation would not contribute to a resolution of the Parties’ dispute; or
- By a written or verbal declaration of all parties to the effect that the mediation proceedings are terminated; or
- When there has been no communication between the Mediator and any Party or Party’s representative for 21 days following the conclusion of the mediation conference.
- Fees: We agree that we shall share equally the responsibility for paying the Mediator’s hourly fee of $200 for a minimum of two hours at the time of service. We further agree that we shall share equally the Mediator’s retainer fee of $1000 to be charged at the conclusion of the first mediation session. The Parties hereby authorize the Mediator to charge the credit card for this and any additional fees, which may accrue for mediation- related services (for example, drafting documents or engaging in telephone consultations) following the mediation session(s.) The retainer shall be applied to the balance due for the initial mediation and any and all other services requested and provided. The Mediator shall reimburse the Parties if the balance due is less than the fee.
- Disclosures Affecting Conflicts of Interest: The Mediator has made the following disclosures to the parties in keeping with ethical best practices defined in the Utah Uniform Mediation Act: