Agreement to Participate in Mediation

I hereby agree to private, voluntary, and confidential mediation with Shelly Mathews at Ceasefire Mediation.

I understand mediation is an attempt to reach agreements over unresolved issues.

I have chosen Shelly Mathews as an independent and impartial mediator to aid the parties in their attempt to settle their dispute. The mediator will not decide who prevails in the dispute and will not render an award, verdict or judgement, or otherwise determine the fault of any party.

I understand I may not engage the mediator in conversation outside of the mediation session without the other party present unless specifically addressing scheduling issues related to mediation appointments.

I understand the mediator will not offer legal advice to the parties, and the parties should seek legal advice from their own counsel.

I understand mediation is not guaranteed to result in settlement of the dispute. The mediation may be terminated at the instruction of a party or the mediator where a good faith determination is made by either that the mediation will not result in settlement.

I understand that at any time I would like to take a break from the mediation session, I may do so.

I understand any time during a break, I may contact my attorney if my attorney is not present.

I understand Shelly Mathews wants my mediation experience to be as pleasant as possible. Her office environment is casual and relaxed. I am free to dress casually. Beverages and snacks are provided upon advanced request at no additional cost.

I understand rude, threatening or confrontational behavior will not be tolerated in or at the location of the mediation.

I understand NO FRIENDS or NON-PARTY FAMILY MEMBERS will be allowed at mediation without prior agreement of both parties. I understand I am not to bring children to the mediation unless all parties agree to the children participating in the mediation.

I understand that the mediation process requires open and honest communication in order to succeed. Therefore, it is completely confidential, and all written and oral communications made during the mediation are privileged settlement negotiations. However, the mediator is required to report certain matters, such as child abuse or threats of physical violence, and confidentiality does not extend to those matters.

I understand audio or video recording of any session is strictly prohibited and may result in civil or criminal penalties.

I understand that any draft resolutions and any unsigned mediated agreements shall not be admissible in any court, administrative or other contested proceeding. Only a mediated agreement signed by any parties may be so admissible.

I agree to not call the mediator to testify concerning the mediation nor to provide any materials from the mediation in any court or other contested proceeding between the parties.

I understand and agree that the mediator may have private caucus meetings and discussions with any individual party, in which case all such meetings and discussions shall be confidential between the mediators and the caucusing party, unless the parties agree otherwise.