Divorce Mediation Agreement

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The process of mediation starts when a divorcing couple makes a phone call to a mediator to plan a free, initial appointment. During this appointment, which lasts for about 30 minutes, the mediator explains the process of mediation to the divorcing couple. If the couple accedes to undergo mediation, they have to sign a Divorce Mediation Agreement. Then, the mediation sessions are conducted by the mediator.

Terms agreed to by the parties in a Divorce Mediation Agreement

Consultants

Professionals, excluding the mediator, like actuaries, accountants, child specialist etc may be called for consultation, if the parties accede with each other to call such consultants and pay their fees.

Confidentiality

All information revealed during mediation sessions is considered confidential by the mediator. Such information will not be disclosed to any other person or organization except when both the parties accede to disclose or when there are allegations of child abuse. However, amongst the parties, the mediator will not keep any data confidential, except when otherwise acceded with the parties to do so.

Privacy

Both parties accede with each other that none of them would accept any agent or employee of any law firm as a witness to confirm any records pertaining to the mediation.

Deposit

As per the rules of the law firm, a deposit should be made by the divorcing couple for the mediation sessions. If this deposit is depleted, then in order to continue the mediation sessions in an uninterrupted fashion, an additional deposit would have to be paid. After the mediation sessions are over, the balance of the deposit would be refunded.

Expenses

The divorcing parties agree to the hourly rate of the mediator. The amount obtained after multiplying the number of hours spent in the mediation sessions by the hourly rate has to be paid to the mediator. Some other expenses like phone calls, photocopies etc also have to be paid.

Personal lawyer

In order to confirm the legal parameters of the case, the divorcing parties are encouraged to talk with their personal lawyers during the initial part of the mediation process. The parties are supposed to reveal information pertaining to their case to this lawyer. If the final settlement agreement is reached, each party should submit the settlement agreement to this lawyer for review and then sign it.

Concurrence of mediators

Concurrence of mediators indicates whether the mediator is of the opinion that the settlement agreement is considerably fair and equitable to both the parties. The mediators express in writing or verbally whether they do not concur or concur with the settlement agreement. In case the mediator does not concur, this does not decrease the legal effectiveness of the agreement.

Participation of children and others

If children and other persons have a direct interest in the mediation, they can take part in the mediation sessions that are related to their interest. The condition is that the mediator should conclude that this participation results in facilitation of settlement and the parties should also agree to the participation. One last meeting must be arranged in which the children are involved to talk regarding those terms of the agreement that are pertaining to the children.

Notice of Cancelation

If the parties desire to cancel a scheduled appointment, then they must intimate their decision to the mediator in advance. If they fail to do so, then a charge would be levied for a missed appointment.

Attendance at mediation sessions

The mediation sessions would be planned as per the convenience of the parties. Thereafter, it is expected that the parties should arrange their personal and business activities in such a way that there is no hurdle to attend the mediation sessions.

Depending on the law firm, some other terms are also included in the Divorce Mediation Agreement.

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