Contract for Family Technology Mediation
1. Agreement to Mediate
i) We, __ and _ have decided to attempt to settle the issues between us through the process of family mediation with the assistance of mediator, Suzanne Winlove-Smith. This contract sets out the terms and conditions under which the mediation will proceed.
ii) We understand that the mediator will not make decisions about how the matter(s) in dispute between us should or must be resolved.
iii) We understand the process of family mediation is voluntary.
iv) The Mediator is not a judge, arbitrator or assessor; she is an impartial facilitator whose role is to help us communicate and negotiate in an attempt to resolve our issues. She will not provide either one of us with any legal advice at any time.
v) We understand that the responsibility for resolving our issues rests with us, not the mediator.
2. Terms of Communication Technology
The Mediator and their clients will rely primarily upon communication technologies (example Zoom) to communicate, and to participate in the mediation process. The terms for use of this temporary means of participating in mediation are:
i) Each client agrees not to have another person in the room or within hearing distance when using any communication technology to participate in the mediation. The Mediator will ensure that their communications will be confidential (no one else in hearing distance). Each client needs to recognize that they too, must ensure this.
ii) You agree to take all reasonable measures to ensure that you are not interrupted during your online mediation sessions. This includes arranging for appropriate childcare, notifying family and friends of your unavailability for social media, texting etc.
iii) If either client wishes to have another person in the room, they will obtain permission of the Mediator and the other client prior to the mediation session beginning. If all the clients agree that the other person will be privy to the mediation process, that person must sign the Agreement to Mediate and is bound by the terms of agreement.
iv) You agree to take all reasonable measures to ensure that you are not interrupted during your online mediation sessions. This includes arranging for appropriate childcare, notifying family and friends of your unavailability for social media texting etc.
v) You will need a secure Wi-Fi or Ethernet (hard-wired) connection for your computer. You should NOT use a public access Wi-Fi connection, such as those available in public spaces and businesses as they are not secure, and your information may be at risk in that situation.
vi) You, or anyone on your behalf, may NOT audio or video record any mediation session or portion thereof. In the event that you learn of an audio or video recording of any session, you will take immediate measures to destroy the recording and will not disseminate the recording to any third parties. You further agree that you will not transmit a live or deferred video or audio relay of the online sessions to third parties.
vii) Each client commits to minimizing the chance of inappropriate disclosures, including protecting access to any e-mails, notes or other information relating to the mediation which may be stored in their computers or elsewhere, and to minimizing the consequences of any such disclosures should they occur.
viii) By acknowledging this Contract, each client specifically agrees to the Mediator using information and communication technologies in the context of the mediation and releases the Mediator from any liability in the event of any inadvertent disclosure.
3. Issues to be Mediated
4. Independent Legal Advice/Representation
i) We understand that that the Mediator will not offer legal advice to either of us, and that the Mediator has no duty to assert or protect our legal rights.
ii) We acknowledge that we have been advised to seek independent legal advice as it is in our best interest. We understand that this legal advice will help us to better appreciate our respective rights and obligations throughout the process in resolving outstanding issues. Advice also helps us understand whether any agreement we make is reasonable and fair. Advice can be from a number of different sources - Legal Aid, Unbundled Service or Independent Lawyer.
iii) When issues are resolved, the Mediator will prepare a written report for us. This is not a binding agreement. If we wish to make the mediator’s report into a legally binding agreement, we will need assistance from a lawyer or complete the forms to obtain a court order.
5. Disclosure of Information
We understand that the mediator will not voluntarily disclose to anyone who is not a party of the mediation, any verbal or written communication that has taken place during the mediation process. The only exceptions will include disclosure of information for:
i) Our lawyers, by both parties permission only;
ii) Where ordered to do so by law;
iii) Where required to do so by law (e.g. information about a potential child protection issue);
iv) Where information suggests an actual or potential threat to human life or safety;
v) Research or education purposes (non-identifying information);
vi) On written consent of both (all) of us.
6. Closed Mediation
In closed mediation, the report will summarize only those issues resolved.
We understand that the mediation process will remain confidential. We acknowledge that our discussions in mediation are for the purpose of reaching an agreement regarding the issues between us. We agree not to summons the mediator(s) and/or the mediation records for any court or arbitration hearings.
7. Mediation Sessions
i) As we will be mediating by communication technologies, if either of us feels intimidated in any way when speaking honestly and freely about relevant matters, we will immediately advise the mediator.
ii) We acknowledge that, generally the mediator will meet the parties in joint sessions through Zoom or other communication technologies. However, occasionally the mediator may wish to meet with one party individually. The mediator must obtain our consent before involving another person in the mediation process.
iii) We acknowledge that it is our responsibility to raise all issues which we feel need to be addressed in any final Agreement prepared for our consideration and that it is not the mediator’s responsibility to raise issues on behalf of either one or both of us.
iv) Once we have reached an agreement of the issue(s) in dispute, the mediator will prepare a Mediation Summary Report which we will then each review with our lawyer. The mediator has strongly encouraged each one of us to receive independent legal advice before agreeing to any of the clauses in the Mediation Summary Report.
8. Disclosure of Information by the Parties
i) We agree to make full and complete disclosure of all information, whether written or verbal, that is relevant to the issues being mediated, including but not limited to the disclosure of financial information.
ii) We understand that from time to time, it may be necessary for us to consult with various experts in relation to income tax issues, valuation issues and other issues which may require expert opinions. We understand that Suzanne Winlove-Smith will not retain any expert without our consent and that if an expert is retained, we will be responsible for paying the expert’s fees and disbursements.
iii) We understand and agree that if the mediator has reason to believe that full financial disclosure has not occurred, they may terminate the mediation process.
10. Termination of Mediation
We understand that either one of us or the mediator, has the right to withdraw from the mediation process at any time with notice given.
9. Cost of Mediation
We agree that it is our responsibility to pay Suzanne Winlove-Smith the fee determined for sessions prior to commencing mediation. Fees will be collected by Suzanne Winlove-Smith with either an email transfer or paid over the internet with a Credit card.
13. Limitations
We acknowledge that The Clean Divorce or Suzanne Winlove-Smith does not assume responsibility for any action, or inaction taken by either parties with respect to the Mediation Service. We will not jointly or separately hold The Clean Divorce or Suzanne Winlove-Smith liable for any damages.
12. Legal Advice
i) We both acknowledge that either or both of us may seek legal representation or legal advice prior to, during or after the mediation process. Provided that we both agree and it is arranged in advance, we may have our lawyers present during mediation.
ii) We acknowledge that we have been advised by the mediator to obtain independent legal advice about our respective rights and obligations under the current law as it relates to the issue(s) in dispute so that we can independently determine whether any proposed Agreement is fair in law.
11. Understandings and Acknowledgements
i) We agree that neither one of us nor our lawyers acting on our behalf will initiate, or take any new steps, in any legal proceedings while the mediation is in progress. The only exceptions to this are:
a) we both consent in writing prior to any action being taken;
b) a matter warrants an emergency ex parte order.
ii) We agree that during these negotiations neither of us nor our lawyer will:
a) attempt to dispose of or mortgage any property;
b) incur any significant debt;
c) change beneficiaries of life insurance plans, death benefits or health insurance plans;
without written consent of the other party.
We have read this contract. We would like to proceed with mediation in accordance with the terms set out above.