Will Van MEDIATIONS

24 Magean St.  Brunswick, ME 04011

Phone: 207/721-2629

E-mail: Web:

AGREEMENT TO MEDIATE

I have read the attached Agreement For Mediation Services completely and understand its contents. I have initialed each page to indicate my understanding and agreement of the terms.

This is an agreement between:

______

hereinafter "parties", and

William J. Van Twisk, of Will Van Mediations, hereinafter "mediator" to enter into mediation with the intent of communications, discussions and/or resolving conflict or disputes related to:

______and/or other associated topics.

$______

BASE HOURLY RATE (TOTAL/PER PARTY)

______

Dated William J. Van Twisk, MEDIATOR

______

Dated PARTY #1 Counsel

______

Dated PARTY #2 Counsel

Will Van MEDIATIONS

24 Magean St. Brunswick, ME 04011

Phone: 207/721-2629• E-mail:

AGREEMENT FOR MEDIATION SERVICES

The parties and the mediator understand and agree as follows:

ESTABLISHMENT OF MEDIATION RELATIONSHIP

The undersigned wish to retain the services of William Van Twisk (D/B/A Will Van Mediations) to facilitate conversation, mediate inter-party conflict and/or to assist in resolving disputed issues.

NATURE OF MEDIATION

The parties understand that these services provide for a facilitated discussion or conversation, where all parties are encouraged to freely state their grievances and perspectives and to be open to hearing the other party. The mediator practices according to a model and belief that holds these truths: the parties themselves have the best knowledge of their conflict, their history of interaction and their relationship and so are in the best position to create solutions and turn the conflict into a constructive process. The mediator's principal role then, is to assist the parties to engage in this transformation. In essence, the conference should focus on what is most helpful or important to the parties, and the mediator should never impose his judgment into these communications.

Mediation may result in agreements on one or more points of dispute, but may also be regarded as "successful" or "productive" even if no agreements result. In mediation, the mediator assists parties to reach their own goals; these may include airing grievances, stating positions and perspectives, improving interaction or reaching agreements in one or more areas. It is understood that the mediator has no power or interest in deciding disputed issues for the parties, and that the mediator's objective is to facilitate the parties themselves reaching the goals that are the most vital, constructive and fair to them.

RIGHT OF CONSULTATION WITH LAWYER

During the mediation, the parties are entitled to consult or be represented by a lawyer at any time. Parties are entitled to the confidentiality of any communication(s) with their attorney(s). Attorneys representing any party during the mediation conference shall be subject to the same provisions herein as applies to the parties.

MEDIATOR REPRESENTS NO PARTY

The parties acknowledge that the mediator does not represent the interests of any party. The mediator will support all parties and facilitate the mediation conference according to the needs and goals of the parties. The topics, problems and disputes presented in mediation will be only those presented by the parties and the mediator does not act as an advocate, representative, fiduciary, or counselor for any party. The mediator will support a balanced dialogue appropriate to the circumstances.

Party #1 ______Party #2 ______

CONFIDENTIALITY AND SEPARATION FROM COURT PROCEEDINGS

It is understood that certain rules of confidentiality shall apply: in a legal sense, with certain rare exceptions (as described in Maine Rules of Evidence) the mediation will be strictly confidential. Otherwise mediation discussions, written and oral communications, draft resolutions and any unsigned mediated agreements shall not be admissible in any court proceedings. Only a mediated Agreement, signed by the parties, may be so admissible. The parties further agree not to call the mediator to testify concerning the mediation or to provide any materials from the mediation in any court proceeding between the parties. In a practical or procedural sense, the parties may have a mutual understanding to make use of any agreements reached in mediation for personal or business reasons or in processing of a pending or existing legal matter, in which case such agreements may be shared with others as appropriate. The parties understand the mediator has an ethical responsibility to break confidentiality if he suspects another person may be in danger of harm and/or duty to report reasonable suspicion of child abuse and domestic violence; the mediator's ability to defend himself in any legal action; in the event of a joint written waiver of confidentiality by the parties; or otherwise as may be required by law.

GOOD FAITH EFFORT OF THE PARTIES; RIGHT OF MEDIATOR TO WITHDRAW

The parties are encouraged to make a good-faith effort participate fully in the process; full disclosure of important personal views is essential to a successful resolution of issues. Any mediated agreement may require perceived compromise or creative problem-solving by the parties, and parties agree to attempt to be flexible and open to new possibilities. If the mediator, in his professional judgment, concludes that agreement is not possible or that continuation of the mediation process would harm or prejudice one or all of the participants, the mediator shall withdraw and the mediation conclude.

TERMINATION OF THE MEDIATION WITHOUT CAUSE

The mediation may be terminated without cause by any party at any time. No reason must be given, either to the other parties or to the mediator. A decision to terminate mediation must be in writing. Mediation may not resume following such notification, unless expressly authorized in writing by all parties.

THE MEDIATOR DOES NOT PROMISE RESULTS

Each party acknowledges that mediation is a process of dialogue, discussion, hearing and being heard as well as a process of coming to agreement and each of these facets may have benefits to the parties. Value in mediation is may be derived from concrete developments, new agreements or understandings as well as improved relationships with the other party as well as with others, and it is difficult to predict any party's view of the outcome or results.

MEDIATION FEES

The parties agree to mediation fees as specified in the attached Fee Schedule.

DISPUTES OR CLAIMS AGAINST THE MEDIATOR

All disputes between the parties and the mediator regarding an aspect of our professional relationship will be submitted first to mediation to be held in Brunswick, Maine, with a mediator mutually agreeable to the parties.

Party #1 ______Party #2 ______

Will Van MEDIATIONS

MEDIATION FEE SCHEDULE

Regarding: ______

______

Fees for the above matter shall be as follows:

The administrative start-up fee is $______(per party/total) (flat fee), and payable at the conclusion of the first mediation conference. This includes the mediator's work in contacting the parties, preliminary discussion, gathering the necessary information in preparation for the mediation, studying documents, researching issues, corresponding, telephone calls and convening the mediation conference.

The parties and the mediator agree that the fee for the mediator shall be $______per hour, (per party/total) for time spent with the parties and for time to prepare draft and final agreements (minimum charge of 1-½ hours for first conference). Payments of fees are due and payable immediately following each mediation session.

Inter-session letters, research or preparation will be charged at the rate of $______per hour, (per party/total) and payable at the conclusion of the next session or conference. Brief communications between the mediator and the parties, phone/Internet charges and copying/office expenses are at no additional charge.

Travel to the site of the mediation conference shall be at one-half the mediation rate, or $______per hour (per party/total), based on the time required for round-trip travel from the offices of the mediator to the location of the mediation conference--except that there shall be no charge for the first hour of total travel time. Estimated travel charge is $______(per party/total).

Clients are promised satisfaction with Mediator’s services with a money-back guaranty; please inquire about terms.