Divorce 101 Mediation Agreement

     The parties have voluntarily retained Divorce 101 to conduct family and/or divorce mediation with them. Neither party has waived his or her right to consult with and/or retain their own respective individual attorneys concerning this or any other matter and Divorce 101 in no way requests that either party waive this right. The parties understand that each of them is free to consult with and/or retain their own respective independent attorneys at any point in the mediation process. If either or both of the parties do not retain independent counsel at any particular time, it is by his and/or her own choice.  Divorce 101 recommends that each party consult with an independent attorney of his or her own choosing. The parties understand that this Mediation Agreement does not bind either of them to continue to work with Divorce 101.

    Divorce 101 and the parties acknowledge, represent and agree as follows:

    Mediation is a voluntary procedure. The parties are undertaking mediation to reach a settlement of a dispute between them.  

    Divorce 101 and the parties agree that all communications between the parties and Divorce 101 come within the rules of evidence, which exclude from court or arbitration, any disclosures made with a view towards settlement.

    The parties agree that they will not call any mediator from Divorce101 or outside consultant brought in by Divorce 101 as a witness in any court or arbitration to testify regarding any aspect of the mediation or any issue involved in their dispute and litigation.  The parties shall not require the production in court or arbitration of any records or documents made by Divorce 101 or any consultant brought in by Divorce 101.

    The parties acknowledge that some of the Divorce 101 mediators are attorneys, acknowledge that such individuals are not acting as attorneys but rather as mediators, and that such individual will not represent either party in an adversarial court case.      

    This agreement is contractual and cannot be changed or waived without the written consent
of the Divorce 101 and the parties.
        
    Divorce 101 fees for mediation are as follows:

    Consultation Fee

    The cost of a consultation is $300, which provides the parties with up to 1 hour with one of the Divorce 101 mediators to explain the process and discuss the parties’ needs.

    Both parties must be present at the consultation.

    The consultation is paid in advance at the time that the consultation appointment is scheduled.

    Should either party need to reschedule, Divorce 101 requires two business days (48 hrs.) e-mail notice before the time of the appointment to have the consultation fee applied to the new date.

    Mediation Fees

    Each mediation session is $400 dollars and provides the parties with up to 1 hour of time.

    Should the parties wish to extend the mediation session and if the Divorce 101 mediator has availability at that time, the mediation may be extended at the rate of $400 per additional session.

    Mediation sessions must be paid for in advance at the time of booking.

    Should either party need to reschedule, Divorce 101 requires two business days (48 hrs.) e-mail notice before the time of the appointment to have the mediation fee applied to the new date. A mediation session may be rescheduled once without forfeiting the fee.

    Outside Consultants

    Outside consultants may be recommended to handle specialized tasks.  Should the parties agree to outside consultants such as a psychologist or accountant to participate in the mediation session along with the Divorce 101 mediator the parties will be charged an additional $400 per outside consultant per session by Divorce 101.  The charges of these consultants for work done outside the mediation session will be separate and in addition to the fees charged by Divorce 101.  These separate fees will be discussed with the parties beforehand and billed directly to the parties by these consultants by separate agreement with them.   
    
    Memorandum of Understanding Fees

    The preparation of the Memorandum of Understanding is charged at the rate of $400 per hour (billed in tenths of an hour; each tenth is $40) and is highly recommended. The Divorce 101 mediator will be able to advise the parties on the amount of time that will be needed to prepare the Memorandum of Understanding based upon the particular matter and a retainer to cover such amount will be required.

    Mediation packages are available at the following rates:

    5 sessions package for $1800

    Mediation packages are non-refundable and must be used within six months of the date of the date of the first session.

    Refund Policy and Unused Time

    Any unused time for the consultation or other mediation sessions will not be credited towards future sessions. These fees are not refundable for any reason, including if you or your spouse cancels the session(s) or are not present at the session(s). A consultation may be rescheduled once without forfeiting the consultation fee and a mediation session may be rescheduled once without forfeiting the fee.

Consented and Agreed to by the Parties:

    

                                                                                                                                             
Party:                                          Party:            
Dated:                                         Dated:    

                                                                     
Divorce 101
By:
100 Wall Street, 23rd Floor
New York, New York 10005
212-346-7717
Fax: 212-346-7719
Dated:


 
Call 212 346 7717 to schedule a consultation today!

Copyright © Divorce 101 - Site Design by Lawyer Web Design