Agreement to Mediate

We ask our clients to sign a copy of the following Agreement to Mediate. Please contact us if you have any questions about the Agreement. Clients may also discuss the Agreement during a consultation with their mediator prior to a first mediation session.

AGREEMENT TO MEDIATE

This Agreement to Mediate (hereafter, Agreement) creates a mediation relation­ ship between New Resolution and its clients. The undersigned clients herein agree to the terms of the Agreement, including the Rules of Mediation, which are appended and incorporated into this Agreement.

_________________________  [mediator] of New Resolution LLC will conduct the mediation process and will be compensated at the rate of  $_____  per hour. Payment for each mediation session will be made at the conclusion of the session. Compensation for the mediator's labor outside mediation such as document review, document preparation, and telephone consultations will be billed and payable on receipt. The parties agree to divide fees in the following proportions:

The clients agree that legal advice and legal representation are not part of the services provided by New Resolution LLC. The clients further agree to refer to their attorneys any legal issues that arise from settlements they might reach in mediation.

By signing this Agreement, each client acknowledges receipt of the Rules of Mediation. Each client also agrees to abide by the terms stated in the Rules of Mediation.

This contract is signed by the clients and by a representative of New Resolution LLC this  ________  day of  ___________________  [month]  , _________  [year] .

RULES OF MEDIATION

These rules are incorporated into the Agreement to Mediate, which all parties sign before commencement of mediation with New Resolution LLC. They are designed to assist the parties in reaching a settlement while protecting the integrity and confid­entiality of the mediation process.

CONDUCT OF MEDIATION SESSIONS: The mediation process will be conducted in a manner that the mediator believes will most expeditiously permit a lasting resol­ution of the issues in dispute. The mediator will assist the parties to this end so that they have every opportunity to reach a resolution that they believe is equitable.

CONCERNS OF THE MEDIATOR: The mediator may indicate verbally or in writing his or her concerns regarding any final decisions that the parties make when the mediator has concerns about the parties' standard of equity. The mediator's comments may appear in the Memorandum of Understanding.

CONFIDENTIALITY OF MEDIATION SESSIONS: Although California Evidence Code §1119–1120 makes mediation in California legally confidential, the parties further contract to keep all mediation discussions and documents confidential. By signing the Agreement to Mediate, the parties agree as follows:

1. Through the adoption of these rules, the parties agree that they will not call either the mediator or any agent of New Resolution LLC to testify in any litigation regarding the mediation sessions conducted by New Resolution LLC; and, in like manner, the parties agree that they shall not require the production of records, documents, or any other notes or papers made by the mediator for any purpose associated with any issue in mediation.

2. The foregoing exclusions from evidence and exemptions of the mediator and parties from giving testimony or being called on to produce records and doc­ uments shall apply also to the use of neutral experts and other professionals called on by the parties in mediation.

3. Mediation conducted by a professional mediator shall come within the pur­ view of his or her professional privilege as established by the Association of Conflict Resolution and any other statutory protection enacted either before or after the commencement of mediation by the parties.

FULL DISCLOSURE: The parties agree that they will fully disclose to the other party and to the mediator all information and writings as requested by the mediator or the other party, including financial statements, if the mediator finds that such dis­ closure is appropriate. At the conclusion of the mediation process, the parties may find that their attorneys request further verification and disclosure in order to review and implement the decisions reached in mediation. Likewise, at the conclusion of mediation, the parties agree that they will sign a verified (notarized) statement declaring a full and truthful disclosure if requested by the mediator or the other party.

PARTICIPATION OF CHILDREN AND OTHERS: Children of sufficient age or other persons having a direct interest in the mediation may participate in mediation sessions related to issues concerning them, with the consent of both the parties and the mediator.

PROHIBITION AGAINST TRANSFERS OF PROPERTY, AMENDMENT OR CANCEL­ LATION OF INSURANCE, OR OTHER ACTIONS ON AN ESTATE: On commencement of mediation, the parties agree that they will not engage in any transactions that materially affect the status quo of a disputed estate. They agree that transfers or sales of property without the written consent of all other parties to the mediation are prohibited, except in the usual course of meeting ordinary monthly obligations. Likewise, they agree that cancellation or change of health insurance, life insur­ ance, or other benefits that affect any party to the dispute shall not occur while the mediation process is under way.

MEMORANDUM OF UNDERSTANDING: At the conclusion of the mediation sess­ ions, the mediator will, on request, draft a detailed Memorandum of Understanding that records the parties' agreement. The parties may each submit the Memorand­ um of Understanding to their respective attorneys for review and implementation of the decisions reflected in the Memorandum of Understanding. The parties agree to return to mediation to try to resolve any new or omitted issues if they or their attorneys are unable to efficiently and cooperatively resolve such issues. No decisions reached in mediation shall become final and binding until they have been implemented via a binding stipulation of the parties or via a court order.

LEGAL REPRESENTATION: The mediator does not legally represent either of the parties. New Resolution LLC requires that each party consult an independent attorney no later than at the conclusion of the mediation process. Further, New Resolution LLC recommends that the parties consult their respective attorneys during the mediation process so the parties can have a better understanding of their respective rights and responsibilities.

SCHEDULING OF MEDIATION SESSIONS: If any party needs to change a scheduled appointment, he or she is requested to do so at least 72 hours (three business days) in advance. Failure to do so will result in a charge of $100 for the canceled session. In-session mediation time will be charged commencing from the scheduled start time of the session unless the delay in starting is attributable to the mediator.

FEES: The parties acknowledge that mediation fees are published on the New Resolution LLC site and that parties are jointly and severally liable for these fees. In the event parties fail to pay fees due, any legal costs incurred by mediator to obtain a judgment or to otherwise collect said fees shall be borne by the parties.

DISAGREEMENTS: With the exception of fee disputes, the parties agree to first use the services of an independent mediator to resolve the disagreement (after first trying to resolve the disagreement themselves). If mediation of the disagreement is unsuccessful, the parties and New Resolution LLC agree to submit the matter for binding arbitration pursuant to the terms of the California Code of Civil Procedure.

PARTY–MEDIATOR COMMUNICATIONS OUTSIDE OF MEDIATION SESSIONS: New Resolution LLC has a general policy of discouraging communications with either party outside of mediation sessions unless the mediator believes such communicat­ ions necessary to avoid possible impasse or to reduce the intensity of the conflict. For this reason, the parties are asked not to communicate with their mediator outside of mediation sessions about any issues of substance associated with their dispute. Procedural questions, however, are permitted. Furthermore, the parties are encouraged to discuss with the mediator, either in sessions or outside sessions, any concerns related to either their physical or emotional safety and well-being as it relates to the mediation process.

CHILD ABUSE: Although mediators are not mandated by California law to report child-abuse allegations, the mediator may encourage self-reporting of any such allegation disclosed during the mediation process. In circumstances in which the mediator believes the safety of a child to be in question, the mediator may report such information to Child Protective Services.

WITHDRAWAL AND TERMINATION: The foregoing Rules of Mediation assume that because mediation is voluntary, either party may withdraw from the mediation process at any time. The mediator may terminate either a mediation session or the entire mediation process if the mediator determines that a party has violated the rules of mediation, is not proceeding in good faith, or for any other cause.

AMENDMENT TO RULES OF MEDIATION: New Resolution LLC reserves the right to amend these rules at any time. However, any such amendments will not apply to existing cases in mediation on the date of such amendment.