Agreement to Mediate
SERVING WAUKEGAN, LIBERTYVILLE, LAKE COUNTY, GURNEE & NEARBY AREAS OF ILLINOIS
LAW OFFICES OF THADDEUS BOND, JR. & ASSOCIATES, P. C.
708 Florsheim Drive, Ste. 10, Libertyville, IL 60048
The undersigned parties to the mediation process have either voluntarily decided or have been Court ordered to resolve their divorce/parentage pre or post decree parenting issues, financial issues relating to their minor children and/or financial issues relating to the dissolution of their marriage through the mediation process. The intention in doing so is to avoid many of the financial and psychological costs that often accompany litigation, for themselves and their minor children. The parties want to have the terms of the understanding they reach in mediation documented by the mediator in correspondence to their respective attorneys or in a Memorandum of Understanding in relation to Property and Support and/or Parenting. If this mediation is pursuant to Court Order, it is the intention of the parties and the mediator to comply with Local Court Rule 11.13 of the Nineteenth Judicial Circuit. Pursuant to such local court rule, the mediator is required to complete a Status Report for the Court. Also pursuant to such local court rule, the parties are requested to complete an evaluation after the mediation session(s) to provide feedback to the Court in relation to the mediation process. With these intentions and interests in mind, the parties and the mediator agree to the following:
- Mediator. The parties have been ordered to or have voluntarily agreed to utilize the services of June Peterson-Gleason of the Law Offices of Thaddeus Bond, Jr. & Associates as the mediator in this matter. The parties understand the mediator is a neutral third party with no interest in any particular outcome of their situation. The mediator will not give either party legal advice but will assist the parties through discussion and identification of options toward a resolution of their issues. The mediator shall provide the structure and rules surrounding the discussion to assist the parties in working through issues to enable the parties to craft mutually agreed upon solutions to the issues facing the parties. The mediator shall not act as a therapist or family counselor, nor can the mediator guarantee any particular outcome or resolution of the issues raised during mediation.
- Scheduling Meetings. The meetings between the parties with the mediator shall be scheduled to accommodate both parties' needs as much as possible, and there will be as many or as few sessions as are deemed necessary by the mediator and parties to resolve the issues between the parties. The parties agree to meet with the mediator at the scheduled times. In the event either party cancels a session with less than one full day's notice or fails to cancel or attend any scheduled meeting that party shall pay for one hour of the mediator's time.
- Good Faith Obligation to Participate. Both parties are obligated to participate in the mediation process when ordered by the Court. The parties' attorneys shall encourage their clients to mediate in good faith and the parties shall participate in mediation meetings in good faith. Parties participating in voluntary mediation also agree to mediate in good faith.
- Attorneys Input. The parties understand that the mediator is a neutral third party who will not give legal advice, act as an attorney for either or both parties and no attorney/client relationship exists between the mediator and either or both parties. The mediator shall not appear in Court or testify in any proceedings between the parties in this matter. The parties are strongly encouraged to each retain an attorney prior to the commencement of the mediation process. The parties are encouraged to discuss the range of legal options, potential outcomes of pursuing any issues in Court and the consequences of decisions during the course of mediation. The parties' attorneys are considered part of the mediation team along with the mediator, with a mutual goal of assisting the parties to resolve differences in a manner agreeable to both parties. In that capacity, the mediator may consult or contact the attorneys regarding issues that may arise in the course of the mediation. The parties agree that in the event they obtain legal counsel, they will have their respective attorneys review any understanding reached through mediation. Each of the parties expressly acknowledges that neither of them is entitled to or will rely upon the mediator for legal advice of any kind. The parties further acknowledge that the mediator will not file any pleadings or represent either or both party or their minor children in any litigation. Attorneys for either party will not be present at any mediation session without the agreement of both parties and the mediator in advance of any mediation session. No additional individuals shall participate in mediation unless specifically agreed upon by the parties and their attorneys.
- Confidentiality. Both parties acknowledge that all issues discussed by them through the mediation process are confidential in nature and their negotiations in good faith are not admissible in court proceedings.
- Costs. The parties agree to compensate the mediator for work completed in meetings and for work completed outside of meetings, including telephone calls, conferences and work preparing progress/status reports (if court ordered), follow-up materials and the Memorandum of Understanding or other documentation, at the hourly rate of three hundred and 00/100 dollars ($300.00). The hourly rate will be charged in tenth-of-hour intervals (six-minute intervals) with a minimum fee of four hundred fifty and 00/100 dollars ($450.00). The parties or the Court (if court ordered) may divide the fees between the parties. However, the parties agree that both parties remain responsible for all fees due until the fees are paid in full. The parties agree to pay for the meetings at the time of each meeting, and to pay at the next meeting for any time spent by the mediator between meetings. In the event the parties reach an agreement through mediation, at their final meeting, the parties shall deposit $450.00 toward the cost of the mediator’s preparation of such necessary document to reflect their agreement. The mediator will prepare a bill for any amounts outstanding and the parties agree to pay those amounts upon receipt of the bill. In the event payments are not made as required under this agreement, or otherwise agreed to by the mediator and the parties, the mediator pending compliance may suspend the mediation process.