Confidentiality: By participating in mediation, you are agreeing that what occurs in the process is completely confidential; this protection includes information contained in documents prepared for the sessions as well as the contents of discussions with the mediator and with each other. (The only exception to this confidentiality would be any information regarding or allegations of, child abuse, which are subject to being reported by your mediator.) You concur that in any future court proceedings that might take place, you will not testify or seek testimony from the mediator, or from each other, about what has occurred or been said in the mediation, and will not use, refer to, or call for the production of any documents, notes or papers prepared for the process.
Scope of Services: You understand that I will act as your mediator in this process, and will NOT be acting as an attorney for either -- or both -- of you. I advise that you each consult with independent counsel during this process, as I am not authorized and will not give you legal advice. If you come to agreement, you understand that there may be restrictions on my drafting the papers that incorporate those provisions, or needed to obtain a legal divorce; if I do not author the necessary documents, however, I will work with you to facilitate their accurate reflection of the decisions made in our mediation process.
In person mediation: For in person mediation all parties must be in the same room. Shuttle mediation will not be provided or allowed unless there is a restraining order in place where the parites cannot be physically in the same room, or have direct contact with each other.
Fees: Fees for the mediation are charged at the rate of $150.00 per hour with a minimum of a 1 hour pre-payment required 24 hours prior to the scheduled mediation. After the first hour, billing is by 15 minute increments. You are charged only for the time spent in session, not for any block of time reserved for the meeting. We reserve a 2.5-hour block for each mediation and will only go over 2.5 hours if the parties are close to reaching an agreement and the parties wish to continue. Other than the initial 1 hour pre-payment requirement, payment is required at the end of each session. This same hourly fee applies to time spent in discussions over the telephone with all parties, for which you will be billed. However, no fees are charged for telephone calls relating to the scheduling of appointments, delivery of documents, or other such administrative matters. There is no fee charged for sessions canceled with at least 24 hours' advance notice. However, if you cancel your meeting with less than 24 hours' notice, no refund will be provided. Payment for services can be made by Venmo or Zelle.
Voluntariness: Mediation is a voluntary process. Though it may be ordered by the courts for the parties to participate, it is not ordered that the parties come to an agreement. Any participant may withdraw from mediation process at any time for any reason. The mediator may conclude the mediation if the mediator feels that an impasse has been reached, or if the mediator determines that he can no longer effectively perform a facilitative role.
Third Party Policy: Third parties may only be present during mediation if all participants agree to their presence. This does not apply to either party's spouse, and spouses may be present during mediation, nor does this apply to the party's legal team. Any third parties who are present during mediation agree, by their presence, to be bound by the requirement of confidentiality. Participants who appear by Zoom have a duty to disclose to the mediator the identity of any third party that may be within earshot of these discussions.