Sample Family Mediation Settlement Agreement
If payment is not made in a timely manner, the Mediator may, at his discretion, suspend any work on behalf of the parties, including the preparation and/or distribution of the parties` agreement, and withdraw from the mediation. Where the Mediator initiates recovery or appeal procedures to recover costs and/or expenses under this Agreement, the successful party shall be entitled, in such a remedy and to any appeal, to attorneys` fees and costs arose therein. The parties agree that the Mediator may discuss the mediation process of the parties with any lawyer that either party may engage as an individual lawyer. Such talks shall not involve negotiation unless the parties order the Mediator to have the power to negotiate. The Ombudsman shall, at the request of a party, provide copies of correspondence, draft contracts and written documents to an independent lawyer. The parties appoint and retain James C. Melamed, J.D., lawyer, as mediator. The parties understand that mediation is an agreement process in which the Mediator helps the parties reach an agreement in a collaborative and informed manner. It goes without saying that the Mediator does not have the power to decide matters for the parties. The parties understand that mediation is not a substitute for independent legal advice. The Parties are encouraged to ensure such consultation throughout the mediation process and it is recommended that an independent legal review of a negotiated formal agreement be obtained prior to the signing of this Agreement. The parties understand that the Mediator is required to work on behalf of all parties and that the Mediator cannot provide any individual legal assistance to any party and will not conduct therapy or mediation as part of the mediation. With regard to family mediation, the result usually results in a “memorandum of understanding”, signed only by the parties and not binding, which they then transmit to their lawyers for inclusion in the act of separation/ consent order for the separation or divorce of the marriage.
10. When an agreement is reached, the parties or their counsel shall prepare all settlement documents or minutes of settlement and all disclosures. 4. a) The parties agree that at no time, before, during or after the mediation will they call the Mediator or any person related to ADR Chambers as witnesses in any legal or administrative proceedings concerning this dispute. Insofar as they have the right to call as witnesses the Ombudsman or any person related to ADR Chambers, this right is thus abolished. A payment of $___ for the Mediator`s fees and expenses shall be paid to the Mediator at the same time as the signing of this Agreement. . . .