The Mediation Process. The purpose of the mediation process is to assist the parties in negotiating a fair and reasonable resolution of their dispute – a resolution that works better for the parties than their alternatives to settlement.
The Mediation Process. The process will include at a minimum, an opportunity for all parties to be heard, the identification of issues to be resolved, the generation of alternatives for resolution, and if the parties so desire, the development of a Memorandum of Understanding or Agreement.
The Mediation Process. 1.1 The Parties agree to retain Xxxxxxxxx Law Corporation to provide the services of Xxx Xxxxxxxxx (the “Mediator”) to act as mediator to assist the parties to resolve matters respecting issues arising out of their separation.
The Mediation Process. 1.1 The Parties herein hereby express their willingness to engage in the mediation process for purposes of attempting resolution of their dispute.
The Mediation Process. The purpose of the mediation process is to assist the parties in negotiating a fair and reasonable resolution of their dispute – a resolution that works better for the parties than their alternatives to settlement. Role of the Mediator: The Mediator’s role is to serve as an impartial facilitator of the negotiation. The Mediator has no power to order or dictate any terms of any agreement – all such power belongs to the parties.
The Mediation Process. Because mediation is a process, not an event, the mediation starts at the time the Mediator is first contacted by the parties and/or their attorneys. The mediation will be deemed to have concluded if there has been no communication between the Mediator and the parties for a period of ten calendar days. Notwithstanding the provisions of Evidence Code § 1125(a)(5), communications between the Mediator and the parties shall remain confidential, as set forth below. Prior to the mediation session itself, the Mediator may hold one or more private telephone or video conferences with one or more parties and their attorneys. Mediator time spent in these conferences is considered part of the mediation process, for which the Mediator will charge, and are confidential as between the mediator and those parties. At the mediation session, itself, which may be conducted in person, by telephone or through a video-conferencing platform, the Mediator may hold joint sessions as well as private sessions/caucuses with only one party. Such caucuses are designed to improve the Mediator's understanding of the dispute and to explore settlement options. Information gained by the Mediator during a private caucus may be disclosed to another party if the Mediator deems it in the best interests of contributing to a resolution of the dispute, unless the Mediator is specifically instructed not to share the information with other parties.
The Mediation Process. Mediation is a process in which the mediator works with the parties to constructively discuss the issues involved in their matter. The mediator is obligated to help both parties fully consider the consequences of any decision they reach. The mediator does not, however, have any authority to engage in fact finding or to make decisions about how issues will be resolved. Any agreement reached will be based solely on the decisions of the parties.
The Mediation Process. 1. The goal of mediation is to reach a mutually acceptable settlement agreement and final order, and to take all steps necessary to accomplish the dissolution of your marriage and/or post-decree divorce issues.
The Mediation Process. This is a voluntary dispute resolution process. The Parties agree to participate in good faith in the mediation process. The Parties agree to comply with the schedule in Attachment A to this Agreement. The Parties agree to compensate the Mediator as set forth in Attachment B to this Agreement. The Parties and their Representatives with full settlement authority are required to attend mediation sessions. No one else may attend without the permission of both of the Parties and the consent of the Mediator. During the mediation sessions, the Mediator may conduct either joint and/or separate meetings with the Parties and their counsel. If a Party informs the Mediator that information is being conveyed to the Mediator in confidence, the Mediator will not disclose the information. Otherwise, the Mediator may disclose information to each of the Parties at his or her discretion If any Party wishes to terminate its participation for any reason, it may do so by giving notice to the Mediator and the other Parties. However, the Parties and the Mediator will continue to be bound by the confidentiality provisions of this agreement and will also continue to be bound by their agreement to pay to the Mediator for services rendered. The Parties agree that the Mediator is not acting as an attorney or providing legal advice on behalf of any Party, even though the Mediator may discuss legal issues with the Parties. In this regard, the Parties are relying upon the advice and counsel of their representatives,..
The Mediation Process. The Parties understand and agree that the mediation process is a voluntary process where each party must agree and participate fully for the process to work. In that regard if financial matters are involved, both parties are obligated to complete and submit to each other and the Mediator complete and accurate financial information including income and expense statements, together with supporting documentation regarding your financial circumstances if such information is requested. The Parties understand and agree that they will meet together with the Mediator and the duration of the conferences could differ based on the circumstances. The Mediator may also choose to meet individually with either party. In addition as the process is entirely voluntary, either Party may withdraw from the process at any time. At the end of the mediation process the mediator will help you reduce your Agreement to a written agreement and can provide you with approved forms for you to obtain a pro se divorce (one without attorneys involved). Each of you is free to take the written Agreement to an attorney or any other professional of your choice for advice on whether it is in your best interest to sign the Agreement if you have not already engaged such a professional in connection with the Mediation process.
