Agreement to Participate in Mediation

We are requesting mediation services from MWI, and understand and agree to the following terms:

• We are the decision makers in this process and the mediator cannot impose any decisions regarding the disputed issues.
• Mediator services shall not be construed as legal advice, financial advice, therapy or any professional service other than mediation. Either of us may seek expert advice at any time during the mediation. The mediator has advised each of us to have separate, independent counsel review any agreement before we sign it.
• Mediation is a voluntary process. The mediator or we may choose to end the process at any time.
• If requested, we must disclose all of our financial worth, assets and liabilities during the mediation process. We each accept full responsibility for the reasonable accuracy of the figures disclosed and understand that agreements reached will be based in part on these figures.
• We understand that mediation is a confidential process under Massachusetts General Law Chapter 233, Section 23C and that MWI and its mediators will keep the details of our case and all related documents confidential. However, we understand the mediator and MWI reserve the right to disclose suspected abuse and/or crime to the proper authorities.
• The mediator or MWI can set forth any agreement reached in mediation in a Memorandum of Understanding, Separation Agreement or other written document upon our request.

Fee Agreement

We, the below signed parties, understand and agree to the following:

• We will pay a total of $450 per hour for mediation services.
• Payment for services is due at the end of each mediation session by credit card.
• MWI schedules one or two hour sessions. If the full time is not used, we understand that MWI will only charge us for actual time used.
• If we cancel a mediation session with less than 24 hours notice, or one of us does not attend a scheduled session, we will pay a fee of one hour of time.
• If we reschedule a mediation session with less than 48 hours notice, we will pay a fee of one hour of time before a next session will be scheduled.
• The same hourly rate listed above applies to additional services that might be provided outside of mediation sessions, including:
  • Phone calls and emails with the mediator;
  • Preparation of written materials such as progress summaries and draft agreements;
  • The drafting of the Memorandum of Understanding and/or the Separation Agreement;
• We will pay for documents in full before they are released to us by MWI.
• We give permission for MWI to charge our credit card for mediation services as described above, unless we have paid by cash or check.
• MWI will not provide additional mediation services until all late fees and associated balances are paid in full.
• A late fee of 18% of the outstanding balance will be added to the total amount due if payment is not received within 30 days after services are rendered or documents are drafted.