Intention

I agree that I come to mediation with an intention to negotiate, a willingness to compromise and an understanding that I have the right to speak for myself and to be treated with respect during the process.

I will take responsibility for myself and acknowledge that only I have control over my attitude and my effort.

I commit to leading by example and being the change I want to see.

Disclosure

I agree that I will fully disclose all financial and personal information and papers relevant to the mediation process. I understand that if I fail to make such full disclosure, then any agreement reached during the mediation process and subsequently included in a formal agreement is at risk of being set aside in later court proceedings.

The Mediator

I agree to appoint the Mediator to assist me to resolve my disputes in accordance with the terms of this agreement.

I will comply with reasonable requests made by the Mediator to promote the efficient and expeditious resolution of the issues.

I understand that the Mediator will be impartial and neutral. The Mediator will assist the parties to attempt to resolve their disputes by helping to:

a)      Isolate issues in dispute;

b)      Develop options for the resolution of these issues;

c)      Explore usefulness of these options; and

d)      Meet their interests and needs.

The Mediator shall NOT:

a)      Give legal or other professional advice to any party;

b)      Impose a result on any party;

c)      Make decisions for any party.

The Mediator MAY:

a)      Provide legal information to the parties;

b)      Propose options to resolve an issue.

Confidentiality

I will keep anything said during the mediation session confidential.

I understand that the Mediator will keep confidential all information provided by a Party to the Mediator on a confidential basis, unless such disclosure is an accordance with s.10H(2)-(6) of the Family Law Act 1975.

I shall not record or allow any other person to digitally record any part of the Mediation process.

Fees

I agree to pay my share (50%) of the Mediation fee no later than 7 days prior to the Mediation.

Commitment

I will come prepared for Mediation, including ready to reach agreement at Mediation.

I understand my right to obtain independent legal advice prior to Mediation and will have obtained advice necessary to enable me to agree at Mediation.

Termination

Mediation is a voluntary process and either party may withdraw at anytime.

The Mediator may terminate the process if for any reason it becomes inappropriate to proceed without the necessity to give reason.

The Mediator is a registered Family Dispute Resolution Practitioner and meets the requirements set down for Family Dispute Resolution Practitioners in the Family Law Act 1975.

Liability

The Mediator will not be liable to a Party for any act or omission by the Mediator in the performance or purported performance of the Mediator’s obligations under this agreement unless the act or omission is fraudulent.

I agree to indemnify the Mediator against all claims by me or anyone claiming under or through me, arising out of or in any way referable to any act or omission by the Mediator in the performance or purported performance of the Mediator’s obligations under this agreement, unless the act or omission is fraudulent.

No statements or comments, whether written or oral, made or used by me or my representatives or the Mediator during mediation shall be relied upon to found or maintain any action for defamation, libel, slander or any related complaint, and this document may be pleaded as a bar to any such action.