MEDIATION SERVICE AGREEMENT 1
Date:
We retain JON D. SNIPPER as a mediator to help us settle the issues arising from our marriage breakdown. We acknowledge having read his memorandum called "About Mediation". We understand that he will not be giving either of us legal advice, although he may give us both information about current family law as it affects us. We acknowledge that we can and should seek independent legal advice if we have not already done so, to better appreciate our respective rights and obligations in resolving outstanding issues, to better judge whether any agreement we make is reasonable and fair, and to ensure that, when any agreement to be signed is taken to our own lawyers, they will be able to give us independent legal advice based on knowledge of our case, as opposed to only being able to explain what the agreement means, without passing judgment on its merits. We agree that all documents other than those about property or financial matters given during the mediation, and all discussions during the mediation, are confidential. Neither of us will require Mr. Snipper to give evidence in a litigation proceeding. Nothing relevant to the issues being negotiated is confidential as between Mr Snipper and either of us or him and our lawyers. It is for Mr Snipper to determine whether something he learns in a private meeting with only one of us is relevant and therefore must be disclosed to the other. We understand that by law Mr. Snipper is required to report to the appropriate persons any evidence of child abuse or neglect, or the intention to commit a criminal act or disobey a Court order. We feel we can negotiate with each other in an atmosphere in which we can discuss freely the relevant issues, without fear of any financial or other repercussions from speaking openly about the relevant issues. If either of us feels at any time intimidated in any fashion about speaking honestly and freely about relevant matters, he or she will immediately advise Mr Snipper, and can do so privately. We agree that during the negotiations neither of us will attempt to dispose of or mortgage any property, change beneficiaries of life insurance plans, death benefits or health insurance plans, or incur any significant debt without the written consent of the other. Neither of us will take any legal proceedings while the mediation process is underway unless the urgency and nature of the situation so requires. We agree to make complete and honest financial disclosure and to co-operate with each other and Mr. Snipper in obtaining documents regarding matters being mediated. We understand that Mr. Snipper will stop assisting us if, in his considered opinion, we are not cooperating in the process, or he believes that the agreement we are reaching would be found at law to be unconscionable, or be found invalid because of misrepresentation, fraud, lack of disclosure, unfair pressure or being obviously contrary to the best interest of any dependant child we might have. We agree that, if we are able to reach agreement on some or all of the issues outstanding between us, Mr. Snipper will put the agreement into writing but he will not be witnessing its signature by us. We understand that, only an agreement in writing signed by both of us and witnessed is legally binding; any oral agreements made during mediation are not legally binding. We agree to pay Mr. Snipper's copying, fax, long distance telephone and postage charges, if any, and his fees of $200 per hour including GST, whether his time is spent in meetings, preparing for them, on telephone calls, writing letters, doing any legal research we ask of him, or drafting our agreement. We will divide his fees equally between us. We will pay after each session and understand accounts will be rendered periodically which, if anything is owing, will be paid at the next mediation session, but if there is no further session, then within 30 days of receipt of the account. We understand that before Mr. Snipper drafts any agreement, we will be paying a set amount representing the time to draft the agreement, which may be increased if the time takes longer than expected. If one of us or his/her lawyer takes Mr Snipper’s time after or outside a mediation session both of us have attended, then Mr Snipper may charge only the one of us for that time. If we cancel a session within 72 hours of its scheduled time, Mr Snipper may charge us a cancellation fee of $175. There is a minimum charge for each session of one hour, whether we use the hour or not. Mr Snipper may, if he wishes, destroy all the documents provided to him once we have stopped using his services. We acknowledge that each of us has the responsibility to keep any documents used during the mediation, all correspondence occurring during the mediation, and any agreements we sign as a result of the mediation. ............................................
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