Lindsay R.M. Jones, LLC
This is an agreement between ________ and __________, hereinafter "parties," and Lindsay R.M. Jones, LLC, hereinafter "mediator," to enter into mediation with the intent of resolving issues related to: ____________.
The parties and the mediator understand and agree as follows:
1. Nature of Mediation
The parties hereby appoint Lindsay R.M. Jones/ Borana Hajdinaj as mediator for their negotiations. The parties understand that mediation is an agreement-reaching process in which the mediator assists parties to reach agreement in a collaborative, consensual and informed manner. It is understood that the mediator has no power to decide disputed issues for the parties. The parties understand that mediation is not a substitute for independent legal advice. The parties are encouraged to secure such advice throughout the mediation process and are strongly advised to obtain independent legal review of any mediated agreement before signing that agreement. The parties understand that the mediator's objective is to facilitate the parties themselves reaching their most constructive and fairest agreement. The parties also understand that the mediator has an obligation to work on behalf of each party equally and that the mediator cannot render individual legal advice to any party and will not render therapy within the mediation.
2. Scope of Mediation
The parties understand that it is for the parties, with the mediator's concurrence, to determine the scope of the mediation and this will be accomplished early in the mediation process.
3. Mediation is Voluntary
All parties here state their good faith intention to complete their mediation by an agreement. It is, however, understood that any party may withdraw from or suspend the mediation at any time, for any reason.
The parties also understand that the mediator may suspend or terminate the mediation if he feels that the mediation will lead to an unjust or unreasonable result, if the mediator feels that an impasse has been reached, or if the mediator determines that he can no longer effectively perform his/her facilitative role.
4. Absolute Confidentiality
It is understood between the parties and the mediator that the mediation will be strictly confidential. Mediation discussions, written and oral communications, any draft resolutions, and any unsigned mediated agreements shall not be admissible in any court proceeding. Only a mediated agreement, signed by the parties may be so admissible. The parties further agree to not call the mediator to testify concerning the mediation or to provide any materials from the mediation in any court proceeding between the parties. The mediation is considered by the parties and the mediator as settlement negotiations. The parties understand the mediator has an ethical responsibility to break confidentiality if he suspects another person may be in danger of harm.
5. Full Disclosure
Each party agrees to fully and honestly disclose all relevant information and writings as requested by the mediator and all information requested by any other party of the mediation if the mediator determines that the disclosure is relevant to the mediation discussions.
6. Mediator Impartiality
The parties understand that the mediator must remain impartial throughout and after the mediation process. Thus, the mediator shall not champion the interests of any party over another in the mediation or in any court or other proceeding. The parties agree that the mediator may discuss the parties' mediation process with any attorney any party may retain as individual counsel. Such discussions will not include any negotiations, as all mediation negotiations must involve all parties directly. The mediator will provide copies of correspondence, draft agreements, and written documentation to independent legal counsel at a party's request. The mediator may communicate separately with an individual mediating party, in which case such "caucus" shall be confidential between the mediator and the individual mediating party unless they agree otherwise.
The parties agree to refrain from pre-emptive maneuvers and adversarial legal proceedings (except in the case of an emergency necessitating such action), while actively engaged in the mediation process. If the parties engage legal counsel to represent them in connection to the mediation, the parties agree that such legal counsel and their law firms are prohibited from representing the parties against each other in any litigation that might be commenced in the event that mediation is unsuccessful.
8. Mediation Fees
The parties and the mediator agree that a $400 nonrefundable pre-engagement consultation fee has been paid to the mediator prior to the execution of this agreement. The parties and mediator agree an initial fee fixed at $3,600 is required to be paid in advance of the commencement of mediation, as the mediator’s nonrefundable engagement fee; in addition to the mediator’s engagement fee, a daily service fee of $3,000 shall be paid for each confirmed and scheduled day of mediation, exclusive of the first day. Advance payment of the daily service fee is required prior to scheduling and confirming each day of mediation. The parties understand that the $3,000 daily service fee is nonrefundable for any scheduled and confirmed appointment, regardless of the parties’ attendance.
Facility space at which the mediation will be conducted, time spent with the parties and for time required to study documents, research issues, correspond, telephone call, prepare draft and final agreements, and do such other things as may be reasonably necessary to facilitate the parties' reaching full agreement, is included and covered by the engagement fee and daily service fee.
The mediator shall be reimbursed for all travel related expenses, including flight, rental car, taxi, and, or mileage expenses, as well as lodging and meals expenses incurred, which are reasonably necessitated by an out-of-town mediation. Where out-of-state travel is anticipated to conduct the mediation, an advanced deposit of $5,000, separate from the prepayment of the mediator’s engagement fee and daily service fee, is required prior to the commencement of mediation to secure payment for travel and lodging expenses necessitated by the out-of-state mediation. Any balance remaining from travel and lodging deposits will be refunded to the parties in equal disbursements within thirty (30) days following the conclusion of mediation services rendered.
The parties shall be jointly and severally liable for the mediator's fees and expenses. As between the parties only, if they agree to tender payments in allocations other than equal payments as contemplated in this agreement, in which one of the parties tenders payment in a greater unequal share than the other toward the total amount of the required deposits, in which the total amount of the deposits are satisfied, the manner of how they allocated their respective shares of the total required deposit payments shall be recorded and evidenced by receipts given to each party, and such receipts shall be incorporated and attached to this agreement.
Should payment not be timely made as set forth in this agreement, the mediator may, at his or her sole discretion, stop all work on behalf of the parties, including the drafting and/or distribution of the parties' agreement, and withdraw from the mediation.
Dated this ____ day of ________, 20____.