Agreement to Mediate

AGREEMENT TO MEDIATE

1. Nature of Mediation

The parties hereby appoint MOUTHPEACE MEDIATION and its agents, Michele Gousie Geremia and Frank P. Geremia, as mediators for their negotiations.
The parties understand that mediation is an agreement reaching process in which the mediator assists parties to reach agreement in a collaborative, consensual and informed manner.
The parties also understand that the mediator has an obligation to work on behalf of each party equally and that the mediator cannot render individual legal or financial advice to any party and will not render therapy within the mediation.

2. Mediation is Voluntary

All parties here state their good faith intention to complete their mediation by an agreement. It is, however, understood that any party may withdraw from or suspend the mediation at any time, for any reason. The parties also understand that the mediator may suspend or terminate the mediation if he or she feels that the mediation will lead to an unjust or unreasonable result, if the mediator feels that an impasse has been reached, or if the mediator determines that he or she can no longer effectively perform his/her facilitative role.

3. Absolute Confidentiality (MGL, ch233, 23C and RIGL 9-19-44)

It is understood between the parties and the mediator that the mediation will be strictly confidential.
Mediation discussions, written and oral communications, any draft resolutions, and any unsigned mediated agreements shall not be admissible in any court proceeding. Only a mediated agreement, signed by the parties may be so admissible.
The parties further agree to not call the mediator to testify concerning the mediation or to provide any materials from the mediation in any court proceeding between the parties.
The parties understand the mediator has an ethical responsibility to break confidentiality if he or she suspects another person may be in danger of harm.
Mediation conducted by a professional mediator shall come within the purview of his or her professional privilege as established by the Model Standards of Conduct for Mediators as approved by the American Arbitration Association and the American Bar Association and any other statutory protection enacted either before or after the commencement of mediation by the parties.

4. Full Disclosure

Each party agrees to fully and honestly disclose all relevant information and writings as requested by the mediator and all information requested by any other party of the mediation if the mediator determines that the disclosure is relevant to the mediation discussions.

5. Mediator Impartiality

The parties understand that the mediator must remain impartial throughout and after the mediation process.

6. Litigation and Liquidation of Assets

The parties agree to refrain from pre-emptive maneuvers and adversarial legal proceedings (except in the case of an emergency necessitating such action), while actively engaged in the mediation process.

7. Mediation Fees

The parties and the mediator agree that the fee for the mediator(s) shall be $160.00 per hour for time spent with the parties.
The cost to prepare the Memorandum of Understanding (MOU) is $100.00.
The cost for the final session shall be $160.00. Included in this fee is the time to review and revise the Memorandum of Understanding (MOU) and compile client packets.
The parties shall be jointly and severally liable for the mediator's fees.
Payment is due at the completion of each mediation session for that day's session.
Should payment not be timely made, the mediator may, at his/her sole discretion, stop all work on behalf of the parties, including the drafting and/or distribution of the parties' agreement, and withdraw from the mediation.

Signed and agreed to:

Mediator: Frank P. Geremia Frank P. Geremia August 22, 2024

Mediator: Michele Gousie Geremia Michele Gousie Geremia August 22, 2024

mouthPEACE
MEDIATION