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Shapiro Mediation LLC - Services and Fee's
CLIENT ENGAGEMENT AGREEMENT
Shapiro Mediation LLC
310-707-1837
CLIENT ENGAGEMENT AGREEMENT
This agreement is made, signed, and executed on this _________ day of ________________ by and between Shapiro MediationLLC,a corporation having its corporate offices located CT,operating in Los Angeles county, CAParty one: ______________________________ and Partytwo:___________________________ (“Clients”) for the purpose of reaching a mutually acceptable written agreement on specific issues. Our flat-fee divorce mediation program is designed to be able to resolve and formalize matters concerning your divorce.
THE PARTIES AGREE TO THE FOLLOWING:
Cost of divorce mediation
The divorce mediation sessions shall be conducted by a divorce mediation specialist. The fee for services is
$______________________________________________ which is nonrefundable and non-cancelable.
Confidentiality
Each client understands and agrees the mediator will interpret all facts and information provided during all divorce mediation sessions as confidential. No information discovered during the divorce mediation process will be disclosed to any person or organization unless each client agrees in writing to the disclosure. Unless otherwise agreed, the mediator will not hold information learned or discovered by the clients during the divorce mediation process as confidential between them.
Privacy of divorce mediation
Each client acknowledges and agrees that neither of them will call upon as a witness in any court preceding any mediator assigned to their program nor shall they subpoena any records or documents relating to the divorce mediation process or program. Client acknowledges that all discussion preformed during the divorce mediation process are for settlement purposes only.
Notice of Cancellation
Each client understands and agrees that any cancellation of any divorce mediation appointment session must be provided to Shapiro Mediation LLC, within three (3) business days of the scheduled divorce mediation appointment. Otherwise an additional fee of $250.00 will be charged to the client for an untimely cancellation.
Participation of Others Each Client understands they are permitted to attend a divorce mediation session with other persons, including an attorney.Shapiro Mediation LLC, is not responsible for disclosures by any third party.
Separate meeting Sessions
Each Client acknowledges and understands they are each permitted to request a separate divorce mediation session when either client feels this may help the divorce mediation process reach final resolution and avoid impasse. All information and documents shared by a client in a separate divorce mediation meeting will not be treated as confidential and or private unless specifically requested by the party initiating the separate meeting. Both clients will always be provided with an appointment to meet privately with the assigned mediator to express their interest and concerns.
Property and Insurance
During the divorce mediation process, neither client shall transfer, conceal, and/or dispose of any tangible or intangible
property without the express agreement of the other client. In addition, neither client shall change, cancel or modify any insurance coverage without the express consent of the other client.
Attorney Participation
During the early stages of the divorce mediation process, the clients are encouraged to consult with an attorney who can provide legal advice concerning rights, obligations, and decisions that may arise during the divorce mediation process. Any attorney selected by a client will be considered as part of the divorce mediation team. The clients agree to have their selected attorney review the memorandum of understanding (“divorce mediation Settlement Agreement”) achieved through the divorce mediation process for substantive and tax related issues and to process the agreement in a court of law.
1_______ 2________
Termination of divorce mediation
The divorce mediation process and session(s) are voluntary. Any client participating in the divorce mediation process shall have the right to terminate the divorce mediation session or entire program at any time. In the event the parties do not reach an agreement, or decide to terminate the divorce mediation process, it is understood by the parties that no partial payments are refundable.
Dissolution of Marriage
Each client understands and agrees that the mediator is not an attorney. The mediator does not provide legal advice nor will the mediator file any pleadings to obtain Dissolution of marriage or act as attorney for either client in a court of law.
Divorce mediation of Subsequent Disputes
Each client understands the Divorce Mediation Settlement Agreement can be modified. Any issues or disputes that may arise after the entry of a Final Judgment of Dissolution of Marriage can be mediated prior to court intervention.
Each Client has read and understands this agreement. In the event of nonpayment of any fees required to be paid by either client, Shapiro Mediation LLC, shall be entitled to recover reasonable attorney’s fees for
any lawsuit filed against a client to obtain payment of said fees. Venue of any lawsuit shall be in California.
IN WITNESS WHEREOF, the parties have signed this agreement on the above date.
Shapiro Mediation LLC,
By _____________________________________ Date______________________
President
Print name________________________________
_X______________________________________ Date______________________
Client
Print name________________________________
_X______________________________________ Date______________________
Client
Print name________________________________
Confidentiality.This divorce mediation is conducted pursuant to California Evidence Code §§703.5, 1115-1128, 1152 and/or Federal Rules of Evidence, Rule 408, and other sections or successor sections of the California Evidence Code and any Federal law counterparts, if applicable, governing among other things, the confidentiality of divorce mediation proceedings. In addition, the parties and counsel agree not to disclose any conduct or statements made in connection with the divorce mediation or any writings relating to the divorce mediation to any other person or in the media. The mediator may not testify in any proceedings and the parties shall not seek to have the mediator testify or produce any records, reports, notes or other documents reviewed, received or prepared by him during the course of the divorce mediation process. Subject to certain limitations set forth in applicable statutory and case law, statements made during or in connection with the divorce mediation are intended to be confidential, are intended to be privileged settlement communications, are made without prejudice to any party’s legal position, are not intended to be subject to discovery, and intended by the parties to be not admissible in any subsequent proceedings. However, written and oral agreements reached by the parties in the course of the divorce mediation may, under certain circumstances, be admissible in a subsequent proceeding.
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