Law Office of Jennifer H

Law Office of Jennifer H. McDonald

POBOX 190114

Mobile, AL36619

251-665-3747

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MEDIATION GUIDELINES AND AGREEMENT

The mediation process requires the parties to adhere to the following guidelines:

1. Leave fault and blame behind. Try to keep the focus on the present and future.

2. The mediator will not make decisions for the parties. The mediator will lead the negotiations and assist the parties to reach a decision that is acceptable to both parties. The mediation process can be terminated at any time by the mediator or either party.

3. Each party should speak up for themselves and fully participate in the negotiations.

4. The mediator is not acting in the capacity of an attorney and can not offer legal advice. Both parties are encouraged to have an attorney review any completed agreements reached in mediation before signing. Both parties are also encouraged to have their own accountant or tax advisor look over any ramifications of agreements.

5. Any communications with the mediator regarding issues under negotiation must be made in the presence of both parties. Telephone calls or emails to the mediator should only be for clarification of next appointment time or information needed for the next appointment. There may be times when the mediator feels a “caucus” is needed where the mediator will meet separately with each party for clarification of issues. This is the only time where the information shared with the mediator can be confidential with respect to the other party, unless the information is substantive to the divorce.

6. By signing this agreement, each of you is affirming that you will fully disclose all assets and liabilities and all substantive information relative to the divorce and any related child issues. Should either of you fail to disclose all relevant information during the process, the agreement’s validity could be questioned by the other party.

7. You agree that you will not engage in any transactions that will materially affect the status quo of the marital estate until the mediation process is concluded or terminated, including transfers of property, cancellation of insurance, or any other action that changes the marital estate without the written agreement of both parties.

8. Information gathered and shared in the mediation process is privileged and confidential, with the exception of any disclosures of child abuse or threats of physical harm. By signing this agreement, both parties agree not to subpoena the mediator to testify concerning this mediation in any subsequent court action. Parties attempting to subpoena the mediator agree to pay all costs incurred by the mediator, including fees for the mediator’s time.

9. I understand that mediation sessions are $______per hour, and must be cancelled twenty-four hours in advance to avoid being charged the cost of the full session.

I have read and understand the above guidelines for mediation. I understand that Jennifer McDonald does not provide legal or financial advice when acting as a mediator. I understand that I have been encouraged to seek independent legal and tax advice. I further understand that by signing this agreement I am agreeing that I am competent and willing to mediate in good faith.

Spouse ______Date ______

Spouse ______Date ______

Mediator ______Date ______