Agreement to Mediate
 
 
This Agreement between PETITIONER and RESPONDENT (hereinafter referred to as the Parties) and Todd Stabenow (hereinafter referred to as the Mediator). 
 
The Parties have entered into Mediation with the Mediator with the intention of reaching a joint resolution of their dispute(s).

The provisions of this Agreement are as follows:

Neutral:
The Mediator is a neutral facilitator who will assist the Parties to reach their own settlement.  He will not make decisions about "right" or "wrong" or tell the Parties what to do. The process affords the Parties the opportunity for “self-determination” – working on their own voluntary solutions in a way that is satisfactory to both.
 
No Legal Advice:
The Mediator will not give you legal advice.  Each Party is advised to retain his/her own attorney in order to be properly counseled about his/her legal interest, rights, and obligations.  It is important to review with and to get advice from your own attorney, your accountant, and/or any other professional whom you depend on as to the various issues we may be discussing including but not limited to child support/visitation/custody; property division; income tax consequences; spousal support; debt division; and valuations. 

There is no limitation on the right to seek legal advice anytime during the Mediation process.  Pro se Parties are representing themselves and the

Mediator will not give you legal advice.
 
Not Counseling:
Mediation is not counseling, nor is it intended to be a replacement for such services.
 
Confidentiality:
It is understood that in order for Mediation to work, open and honest communication is necessary.  Accordingly, all written and oral communications, negotiations and statements made in the course of Mediation will be treated as privileged settlement discussions and are absolutely confidential by the Mediator.

Therefore:
a.  The Mediator will not reveal anything discussed in Mediation without the permission of both Parties.  It is understood that he is not required to maintain confidentiality if he has reason to believe that a child is in need of protection or if either Party is in danger of bodily harm.
 
b.  The Parties agree that they will not at anytime before, during, or after Mediation, call the Mediator or anyone associated with the Mediator as a witness in any legal or administrative proceedings concerning this dispute.
 
c.  The Parties agree not to subpoena or demand the production of any records, notes or work product of the Mediator in any legal or administrative proceeding concerning this dispute to the extent that they may have a right to demand these documents, that right is hereby waived.  If, at a later time, either Party decides to subpoena the Mediator, the Mediator will move to quash the subpoena. 
         
d. The exception to the above is in the event it is necessary or useful, I agree that the Mediator may contact Attorneys of record; I understand that the Mediator continues to be neutral.  I also understand that the Mediator can confirm whether I attended Mediation or not. 
 
Full Honest Disclosure:
It is understood that full disclosure of all relevant and pertinent information is necessary to the Mediation process.  Therefore, there will be a complete and honest disclosure by each of the Parties to the other and to the Mediator of all relevant information and documents.  If either Party fails to make such full disclosure, the agreement reached in Mediation may be set aside.
 
Participation in Mediation:
While both Parties intend to continue with Mediation until a settlement Agreement is reached, it is understood that either or both Parties may withdraw from Mediation at any time.  If the Mediator determines that it is not possible to resolve the issues through Mediation, the process can be terminated by the Mediator.
 
Termination of Mediation:
If during the process of Mediation the Mediator becomes aware of physical abuse or other criminal activity, the Mediator shall terminate the Mediation and the Mediator shall notify the appropriate authorities.
 
Agreements:
All Agreements are tentative until a final Agreement has been reached.  If the Parties are able to negotiate an Agreement, and if requested by the Parties, the Mediator will provide a document memorializing the Agreement to the Parties' respective Attorneys for review, however the Mediator will not draft a formal Agreement on behalf of the Parties to be used in a court of law.
 
Fees:
The Parties agree to pay at a rate of $200 per hour as set by District 1. In the event that the full time is not needed, the time will be rounded up to the next quarter hour. In the event the Mediation session exceeds the prepaid time, then at the conclusion of the Mediation session the Parties will pay any and all amounts exceeding the prepaid fee at the rate of $200 per hour. The following table outlines the pro-rated amounts for all mediation durations:



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​ALL zoom mediations will be paid for at the very end of the mediation through a PayPal link sent to each party’s phone, no exceptions.
 
Court orders can reduce either or both party’s amounts.
 
 
I have read, understand and agree to                               I have read, understand and agree to
each of the provisions of this Agreement.                         each of the provisions of this Agreement
 
Petitioner                                                                           Respondent
 
______________________________________             _________________________________________
 
Date: _________________________________             Date: ____________________________________
 
 
Todd A. Stabenow, Mediator
stabenowmediation.com
todd.stabenow@stabenowmediation.com
Phone: (319) 486-8150

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