AGREEMENT TO PARTICIPATE IN MEDIATION
We are requesting mediation services from Mediation and Family Services, and understand and agree to the following terms:
- We are the decision makers in this process and the mediator cannot impose any decisions regarding the disputed issues.
- Mediator services shall not be construed as legal advice, financial advice, therapy or any professional service other than mediation. Either of us may seek expert advice at any time during the mediation. The mediator has advised each of us to have separate, independent counsel review any agreement before we sign it.
- Mediation is a voluntary process. The mediator or we may choose to end the process at any time.
- If we discuss finances, we will disclose all of our financial worth, assets and liabilities during the mediation process. We each accept full responsibility for the reasonable accuracy of the figures disclosed and understand that agreements reached will be based in part on these figures.
- We understand that mediation is a confidential process under Massachusetts General Law Chapter 233, Section 23C and that Mediation and Family Services will keep the details of our case and all related documents confidential. The mediator reserves the right to disclose suspected abuse and crimes to the proper authorities. We agree that neither of us will seek to obtain the testimony of the mediator or the disclosure of the mediator’s file in conjunction with any court proceeding for any reason, and we further agree that if one of us seeks such testimony or disclosure in contravention of this provision, that person will indemnify the mediator as to all costs in connection therewith, including attorney’s fees, preparation, and travel time, and will compensate the mediator for time spent such compensation to be at the mediator’s then current hourly rate.
- We understand that Ben Stich is a licensed social worker which means under Massachusetts General Law Chapter 119, Section 51A, he is a mandated reporter and must report to the Department of Children and Families when he has reasonable cause to believe that a child under the age of eighteen years is suffering physical or emotional injury resulting from abuse or neglect.
- The mediator’s notes are the mediator’s private memory aids that will not be shared. The mediator can set forth any agreement reached in mediation in a Memorandum of Understanding, or other written document upon our request.
MEDIATION FEE AGREEMENT
We, the below signed parties, understand and agree to the following:
- We will pay a total of $400 per hour for mediation services to Mediation and Family Services.
- Travel time will be billed at $200/hour
- Should we choose to split the cost of mediation each of us will pay $200 per hour for joint mediation sessions and $100/hour for travel time.
- Initial payment of $3,300 is due by September 1st, 2023 for the following services:
- For up to a full day of mediation ending at or before 5 PM
- 1.5 hours travel time billed at $200/hour
- 30 minute meeting with counsel on 7/24/23
- If the cost of mediation is split each party will pay $1,650 by September 1st, 2023
- Payment for additional services will be invoiced monthly to each parties’ attorney
- If we cancel a mediation session or similar appointment with less than at least 24 hours’ notice, we will pay the amount equal to the fee for half of the scheduled time.
- The same hourly rate listed above applies to additional services that might be provided outside of mediation sessions, including:
- Reviewing documents;
- Preparation of written materials;
- Email and phone communication;
- Preparation for mediation sessions;
- Communications with counsel or parties
- We will pay for documents in full before they are released to us.
- Mediation and Family Services will not provide additional mediation services until all late fees and associated balances are paid in full.
- A late fee of 10% of the outstanding balance will be added to the total amount due if payment is not received within 30 days after services are rendered or documents are drafted.