AGREEMENT TO MEDIATE
In order to create a positive and secure atmosphere for this mediated discussion, we agree to the following guidelines:
- Peter Grove is retained by the parties to act in the role of a mediator and neutral facilitator and not in the role of counsellor, therapist, accountant, financial advisor or any other professional.
- The parties take full responsibility for understanding their rights and negotiating the outcome of the discussions.
- The discussion is for the sole purpose of resolving the issues in dispute. Any resulting memorandum of understanding is not intended to be a legally binding document, but rather an expression of the intentions of the parties involved.
- This discussion and any consensus reached are without prejudice to either party. The contents of the discussion will not be used against either party in the future. Should litigation occur neither party will call the mediator as a witness.
- All pertinent information will be fully disclosed.
- The mediator may disclose information provided by either of the parties in individual sessions to the parties in joint session, if he believes that the disclosure will assist in the attempt to reach a mediated settlement of the dispute.
- Both parties have been advised to obtain legal counsel before signing any agreement.
- The parties agree to pay the Peter Grove's fee, calculated on a hourly basis, jointly and severally. Time to prepare mediation notes, the final memorandum of understanding and telephone calls will be charged as at the above hourly rate. Fees are payable at the end of each session unless other arrangements have been made.
- When dealing with family matters, Peter Grove is compelled to report to Social Services any reasonable belief that a child may be in need of protection, under Section 7 of the Child Services Act.
- The process is voluntary and therefore any of the participants (including the mediator) may withdraw from the mediation at any time. The mediation process may also be concluded when the participants and/or the mediator decides that the issues cannot or are not likely to be resolved by mediation; if a participant decides to withdraw, he or she will first discuss the reasons.