Center For Divorce Mediation
& Alternative Dispute Resolution, Inc.
MARITAL MEDIATION AGREEMENT WITH CENTER
1. Mediation is a cooperative problem solving process using an impartial mediator to assist a couple to reach a mutually acceptable Marital Mediation Agreement.
2. All issues are negotiated in good faith. Therefore, it is essential that both parties share all information pertaining to all issues.
3. A series of meetings is held until agreement is reached on all issues. Most meetings are held with both mediators and both parties present. On occasion, sessions may be held with each of the parties separately, if deemed necessary by the mediators.
4. The issues to be negotiated will be decided by you.
We, the Husband and Wife, agree to the following:
1. To disclose all information that have a bearing on any of the issues in our mediation.
2. In the event Mary G. Marcus, Ph.D. mediates, we understand that although she is a psychologist, she does not provide therapy during the mediation sessions, and that she has a legal duty to report child abuse and neglect.
3. To keep confidential all statements made during the mediation, as well as all written, photographic, or printed materials prepared for or presented during this mediation, except that either party may share that information with his or her attorney. This agreement regarding confidentiality shall pertain to all circumstances, including but not limited to, civil and criminal proceedings.
4. Not to subpoena either of our mediators or their records.
5. To respect each other’s privacy and not intrude on each other’s communications.
We, Walter Marcus and/or Mary G. Marcus, Ph.D., agree to the following:
1. To be impartial but involved at all times during the mediation.
2. Not to represent or to be a witness for or against either party in any court.
3. To withdraw from mediation if it is not productive, or if either party breaches this agreement.
4. To release papers from the mediator's files only at the direction of both parties.
5. To abide by and comply with C. G. S. § 52-235d concerning confidentiality in mediation.
FEE AGREEMENT WITH THE CENTER
I. MEDIATION SESSIONS
The fee for each mediation session is $ per hour and the fee for each co-mediation session is $ per hour. Time is charged to the nearest quarter of an hour. Appointments not canceled at least 24 hours in advance will be billed for one hour.
II. MARITAL MEDIATION AGREEMENT AND OTHER OUT-OF-SESSION WORK
All work done on your behalf, including but not limited to the following, will be billed at either $ per hour for individual time or $ per hour for co-mediation time:
Drafting of the Marital Mediation Agreement
All consultation between mediators and attorneys in regard to this case
Consultation between mediators and outside experts in regard to this case
Computer analysis of financial data
Telephone calls, E-Mail, and FAXes with the exception of those to change appointments
Marital Mediation Agreement review session
Final Signing Session for signing and notarizing the Marital Mediation Agreement.
III. SUPPLEMENTAL CHARGES
In the event that additional legal documents are required there will be a charge, payable upon preparation of those documents.
V. FINANCIAL RESPONSIBILITY
We agree to pay as stated in the attached schedule. We understand that sessions will not be held if the amount due has not been paid.
We agree that there will be either an available balance of the advance payment of $ or we will pay $ prior to being sent the first draft of the Marital Mediation Agreement and to have a sufficient available balance of the advanced payment to pay the balance due or to pay the balance due upon the signing of the final documents. We understand that we will not receive or sign the document until the amount due is paid.
We agree that if we are more than thirty days late in payment, we will pay a late charge of one percent per month thereafter (ANNUAL PERCENTAGE RATE - TWELVE PERCENT). We also agree to pay reasonable collection costs and attorney's fees.
WIFE/HUSBAND will accept sole responsibility for all costs of the mediation and will be paid any refund.
HUSBAND and WIFE will share equally all costs of the mediation and from joint funds/individual funds and will be paid any refund.
WIFE and HUSBAND will share all costs of the mediation and will be paid any refund according to the following percentages: Husband and Wife.
PARTIES will decide allocation of cost of the mediation and any refund during the mediation.
We have read, understand, and agree to be bound by the above Fee Agreement.
PAYMENT SCHEDULE OPTION 1 - RETAINER
We agree to pay $ in advance which will be applied against the hourly rate and costs. We understand that in addition to the time during the session this may include work done by you outside the session that may include telephone calls, email, correspondence and preparation of documents. We understand that we will be billed for an additional advanced payment should the original payment be depleted and will be refunded any retainer that is not used on the same basis as we assumed responsibility for the retainer in the fee agreement. We also understand that we will be given a $ credit for paying in advance.
We agree that there will be either an available balance of the advance payment of $ or we will pay $ prior to being sent the first draft of the Marital Mediation Agreement and to have a sufficient available balance of the advanced payment to pay the balance due or to pay the balance due upon the signing of the final Marital Mediation Agreement. We understand that we will not receive or sign the agreement until the amount due is paid.
We further understand that no sessions will take place or work will be done if the above payment schedule has not been maintained.
PAYMENT SCHEDULE OPTION 2 - PAY AS YOU GO
We agree to pay the balance due at the end of each session. We understand that in addition to the time during the session, we will be billed for work done by you outside the session that may include telephone calls, email, correspondence and preparation of documents.
We agree that there will be either an available balance of the advance payment of $ or we will pay $ prior to being sent the first draft of the Marital Mediation Agreement and to have a sufficient available balance of the advanced payment to pay the balance due or to pay the balance due upon the signing of the final documents. We understand that we will not receive or sign the documents until the amount due is paid.
We further understand that no sessions will take place or work will be done if the above payment schedule has not been maintained
PAYMENT SCHEDULE OPTION 3 - PAYMENTS PER MONTH
We agree to pay:
$ on
$ on
$ on
$ on
and the balance at the same rate per month.
We understand that we will be billed for the time during the session and work done by you outside the session that may include telephone calls, email, correspondence and preparation of documents. We agree that there will be either an available balance of the advance payment of $ or we will pay $ prior to being sent the first draft of the Marital Mediation Agreement and to have a sufficient available balance of the advanced payment to pay the balance due or to pay the balance due upon the signing of the final documents. We understand that we will not receive or sign the documents until the amount due is paid.
We further understand that no sessions will take place or work will be done if the above payment schedule has not been maintained.