Agreement To Mediate

The mediator will be impartial and neutral and will encourage us to identify what issues need to be addressed, exchange information, explore options or alternative solutions, and fairly negotiate and problem solve with one another. The mediator will not make any decisions nor provide any legal advice or service outside the scope of the mediator’s role.

We agree that all communications in mediation are confidential and inadmissible in a judicial proceeding except where disclosure if permitted or required by law, mutually agreed to by all mediation parties, or otherwise provided in this agreement to mediate. A signed mediation agreement is not confidential and is admissible in a judicial proceeding. Any mediation communication regarding child abuse and neglect, abuse neglect or exploitation of a disabled adult or elderly person, or a serious threatened harm may be disclosed to the appropriate authorities or potential victim. We understand that as a Florida Supreme Court certified Family Mediator, Tami Marano, is bound by the Florida Mediation Confidentiality and Privilege Act (F.S. 44.401-44.406) unless the parties to the mediation expressly agree otherwise.

Should anyone signing this agreement seek to compel the mediator to provide information in a court proceeding or elsewhere, we agree that person will compensate the mediation, at the agreed hourly rate of this mediation for all time expended in response to the request plus the cost of all legal services which the mediator employs to defend the confidentiality of this mediation. We authorize the mediation to report to the Court or court administration who attended mediation, when mediation occurred and whether an agreement was reached. We also agree to permit the mediator to confer with our attorneys.

We understand that we may discontinue the mediation at any time and we agree to let the mediator know of any dissatisfaction with the mediation process as soon as it may arise.

We understand that we have a right to have an attorney present and we can talk freely with our attorneys throughout the mediation process. We understand that the mediator will not provide legal advice or other legal services.

During mediation, it is common that the mediator will meet separately with the parties. We understand that the mediator will not disclose any information we reveal in separate sessions to other mediation participants who are absent from our private session without the permission of the disclosing party. This confidentiality applies to both in person and zoom mediations. In addition, we agree to make no recording of our mediation and will not permit anyone else to hear or observe any part of our mediation unless agreed to by all of us. We agree to participate on a computer or tablet that has sufficient speed to adequately work on Zoom and enable us to see any documents that may be shared or produced in mediation.

We pledge to fully disclose all relevant information. If we have any reason to doubt the honesty or accuracy of the other’s disclosure of any relevant information, we will inform the mediator and our attorney as soon as the concern arises.

If there has been any violence or abuse in our relationship which could hinder the ability to successfully mediate, we will advise the mediator. We understand that we can inform the mediator directly in a private session or by telephone, If this issue arises we can discuss whether mediation can proceed and develop an appropriate plan of action. We will also notify our respective attorneys of any concerns we may have in this regard.

For cases involving child support, we understand that Florida law provides specific guidelines for determining child support obligations. We each agree to verify these calculations with our respective attorneys. If either of us learns that these calculations are not correct, we agree to notify the mediator and each other.

We will be the decision-makers in this matter and determine what we believe is a fair and satisfactory outcome. If we reach an agreement, we understand that the mediator can prepare a summary of our agreement. Any final agreement will only be agreed to voluntarily by each of us after consulting with our attorneys, is retained, and the mediator will not be held liable in any way for the terms of any final agreement. We are not bound to agree with any options or alternatives which may arise in mediation, and the mediator has no decision-making authority to decide any aspect of our agreement. We understand that no third parties (other than counsel) can be present during the mediation.

The mediator’s fee for this mediation is $100.00 per hour. Pursuant to paragraph 3 of this agreement, the same hourly rate shall apply if either party seeks to compel the mediators participation in any other proceeding outside of this scheduled mediation. If the mediation is cancelled or rescheduled with less than a 48 hour notice, fees will be charged for 2 hours. Although mediation is voluntary, once mediation begins in the interest of everyone giving their best effort, the minimum time which will be charged is 2.5 hours, which totals $250.00. After the 2.5 hours, fees will be calculated at half hour increments. Payment is required at the time services are rendered. The first 2.5 hours will be charged at the beginning of the session. Unless specified otherwise below, fees are divided equally between the parties.