The following are the mediation guidelines we use for clients who are divorcing or separating.  The mediated agreement, even in court mandated mediation, is always voluntary.  Parties mandated by the court to mediate have met their obligation by coming to mediation.  Hopefully, however, once at the mediation session they both will work, in good faith, to reach an agreement that both can live with.  Parents who are able to mediate have a much better chance of cooperatively parenting.  The children are always the winners in mediation.

GUIDELINES FOR MEDIATION

1. Leave blame and fault aside.

2. The mediator will not make decisions for the parties. The mediator will lead the negotiations in assisting the parties to reach a decision which is acceptable to both. The mediation may be terminated at anytime by the mediator or either of the parties.

3. Accept responsibility for yourself. Each party needs to speak up for themselves. This helps facilitate the process.

4. The mediator is not acting in the capacity of an attorney and does not offer legal advice. Both parties are encouraged to have an independent attorney look over any completed agreements. Each party has the right to have their attorney present during the mediation. A Memorandum of Understanding will be drawn up that will incorporate all issues agreed upon. The mediator is available to clarify the content of this document with your attorneys, if necessary. Both parties should have their own independent attorney look over any finalized agreements prior to signing any papers. Both parties are also responsible to have their own accountant or tax advisor look over any tax ramifications of agreements.

5. Communications with the mediator regarding issues under negotiation must be in the presence of both parties. Content of any telephone conversations with either party must be shared with both parties during the next session. Telephone calls to the mediator should be only for clarification of next appointment time or information needed for the next session. There may be times when the mediator feels a "caucus" is needed. This is when the mediator will meet with each party separately for clarification of the issues. The caucus is the only time during the mediation process that information could be confidential, unless the information is substantive to the divorce. Information will not be shared unless permission of that party is obtained.

6. By signing this agreement, each of you is affirming that you will fully disclose all assets and liabilities, as well as any substantive information relative to divorce and child issues. Should either party fail to do so, the document's validity could be questioned by the other party. You are further affirming that neither will transfer or dispose of any real or personal property during the mediation process without the consent of the other party.

7. Information gathered in the mediation process is confidential and privileged, with the exception of the Child Abuse Reporting Law or threats of physical harm. By signing this agreement both parties agree not to subpoena the mediator or any agents of Atlanta Divorce Mediators, Inc. to testify concerning this mediation in any subsequent court actions. Parties attempting to subpoena the mediator agree to pay all costs incurred by the mediator, including fees for the mediator's time.

8. Mediation sessions are $__________ an hour, and must be canceled twenty-four (24) hours in advance. If this is not done the parties will be charged the full cost of the canceled session.

I have read and understand the above guidelines for mediation. I understand that the mediator does not provide legal or financial advice. I understand that I have been encouraged to seek independent legal and tax advice. I further understand that by signing this agreement I am agreeing to mediate, in good faith, and am also agreeing that I will not subpoena the mediator or any agents of Atlanta Divorce Mediators, Inc.

(SPOUSE)_________________________________(date)_______

(SPOUSE)_________________________________(date)_______

$_________ was collected this ____ day of __________, 19__,to cover ___ hours of / 0r ________hour(s) of mediation and ________ hour(s) for the Memorandum of Understanding. This has been paid from _________.

(MEDIATOR___________________________________________