Terms + Conditions

 
 
 
 

MEDIATION AGREEMENT AND GUIDELINES 

Mediation is a non-adversarial process that works best when the parties are working within the same guidelines.  

Mediation differs from litigation in that parties make decisions for themselves. With the assistance of the mediator, parties reach their own agreement tailored to their individual situation. The mediator will not make decisions for the parties. The mediator serves as a guide for negotiations to help the parties reach a resolution that is agreeable to everyone.  

  The mediator will not act as an attorney for either party. At the conclusion of the mediation, either a Memorandum of Understanding or a Settlement Agreement will be drafted to reflect the issues that have been agreed upon. Both parties are encouraged to have their own independent attorney during the mediation process for consultation or review of all legal documents. Both parties are also encouraged to have their own tax advisor, financial planner, or accountant for review of the documents for any tax ramifications.  

Generally, negotiation will occur in a joint session, with the parties in the same room or same conference call via telephone, Skype, or Zoom. Communication with the mediator should be in the presence of all parties or copied on the same e-mail. Occasionally, there may be times when the mediator uses a caucus session. A caucus session is when the mediator speaks to each party separately for clarification, or to further the negotiation process. Information during the caucus session could be confidential, unless the information is essential to the mediation process. If a party refuses to share essential information the mediator may terminate the mediation session. All information will be shared at the discretion of the mediator, unless otherwise requested. A caucus may occur during the mediation session, as a separate session, over the phone, or via email. The caucus session is common in the mediation process.  

The mediator will disclose any conflicts they may have, and the parties agree to waive any conflicts disclosed prior to mediation beginning.  

All parties are agree that they will fully disclose all pertinent information related to all issues, including all prior agreements, income, assets, or liabilities, if these items are required to fully resolve the issues. Should either party fail to do so, the validity of the Agreement may be irreparably compromised or questioned by the other party. Additionally, all parties agree that they will not transfer, hide, or otherwise dispose of any real estate or other property, without the knowledge and consent of the other party, prior to the conclusion of the mediation process, or a formal agreement to do so has been executed. Additionally, both parties agree that they have the authority to enter into a binding settlement agreement or agreements pertaining to the subject matter within the mediation process. 

The mediation process is to be treated as confidential. Arizona law (A.R.S. 12-2283 https://www.azleg.gov/ars/12/02238.htm) regarding confidentiality (but not attorney-client privilege) applies to the mediation process. Information gathered in the mediation process is confidential and privileged (but not subject to attorney-client privilege), with the exception of any applicable reporting laws. These discussions will be considered settlement negotiations under the applicable Rules of Evidence. The mediator will not willingly testify for, or against, either party involved should the mediation process end and the parties enter into litigation. By signing this Agreement, both parties agree not to subpoena the mediator or any agents of AZ Mediation Center, L.L.C., to testify concerning the mediation process or session(s) in any subsequent court proceedings. No evidence of anything said during the session(s), or of anything prepared for the purpose of the mediation process, shall be admissible in court or subject to discovery unless all parties agree to the disclosure in writing, or the disclosure is required by law. The rules of confidentiality apply to all communications between the parties throughout the entire mediation process, except that the mediator has a legal duty to report certain situations such as child abuse, neglect, or danger to a third party.  

  AZ Mediation Center, L.L.C. is a training facility. From time to time, student mediators will sit in on a mediation session(s) as an observer. Students have the same confidentiality mandate as our mediators. If you object to a student mediator observing your mediation(s), please advise your mediator at the first session.  

Mediation sessions must be cancelled at least seventy-two (72) hours in advance. If this notice is not provided parties will be billed for the full cost of the cancelled session.       

The mediation process is considered concluded when one of the following occurs:  

  • A Memorandum of Understanding, Settlement Agreement, or similar binding document has been signed by all parties,  

  • The mediator gives the parties notice that further negotiation would not prove beneficial, or 

  • Either party gives notice that they no longer wish to continue the mediation process.   

 

Neither the AZ Mediation Center, L.L.C., nor any mediator associated by AZ Mediation Center, L.L.C., shall be liable to any party for any act or omission in connection with the mediation process.    

Prior to the mediation session you are required to provide credit card information to secure your time.

Upon request by the parties, AZ Mediation Center, L.L.C. will prepare the legal documentation as Arizona Supreme Court Certified Legal Document Preparers as necessary to initiate the process with the Court, as well as to conclude the mediation process. Both parties are strongly encouraged to have these documents reviewed by their own independent attorneys. 

Physical mediation files are retained throughout the duration of the mediation process. Once a case has settled or a mediation has concluded, the file will be converted to an electronic file and retained for five (5) years. After that time the file is destroyed.    

AZ Mediation Center, L.L.C. operates as a virtual business in order to keep our overhead costs low, enabling us to keep the cost of your mediation lower than the traditional approach. As a result, we reserve conference room time in a physical building specifically for your mediation sessions.  72- hours notice is required for all changes or cancellations to avoid a cancellation fee of $250.00 per hour booked.

AZ Mediation Center, L.L.C. does not provide legal, financial or tax advice. I further understand that neither AZ Mediation Center, L.L.C. nor any of its members, agents or employees is my lawyer, and that there is no attorney-client relationship between AZ Mediation Center, L.L.C. or any of its members, agents or employees, and me. I understand I have been directed and encouraged to seek independent legal counsel and tax advice. I further understand by signing this Agreement, I am agreeing to mediate, in good faith, with complete honesty and full disclosure, and am also agreeing I will not subpoena the mediator or any agents or employees of AZ Mediation Center, L.L.C. to testify in court in any court action.