PHILIP CRUMP Mediator & Facilitator
This Agreement is freely entered into by (print names) and mediator Philip Crump of Santa Fe, New Mexico. The signatures below indicate that all parties understand and agree with these terms.
1. MEDIATION is an informal, democratic and voluntary process in which you create your own mutually acceptable resolutions of disputed issues. I will not decide or make you agree to anything, only help you communicate fully and clearly. “Self-determination” means you each retain fully independent decision-making authority. Mediation provides an opportunity for you to focus on how things could be in the future. Success depends in part on your willingness to participate.
2. NEUTRALITY: Mediators are neutral and impartial facilitators. I do not gain from any specific outcome and do not take sides. My primary goal is to create a safe environment in which you may explore alternatives. I rely on you to tell me what you need. I provide neither legal advice nor psychological counseling. Prior to the mediation, I will disclose any affiliations with any of you or any biases related to the issues.
3. CONFIDENTIALITY: Confidentiality fosters safe and open communication. Mediation discussions are strictly private. Except by agreement, all written and oral communications made in the course of mediation are confidential, consistent with the NM Mediation Procedures Act (NMSA 44-7B). Experts providing advice with respect to any issues in mediation must adhere to the same rules of confidentiality. I am legally required to report allegations of child abuse or threats of harm to self or others. You agree not to call me as a witness in any judicial proceedings and not to subpoena or demand any notes or records of the mediation. If you agree, I may discuss elements of the case with your contracted attorneys or other professionals*.
4. OUTCOME: With your concurrence, I may document your terms of resolution in a written Memorandum of Agreement. Signed written agreements may be disclosed to others. Settlement documents may be reviewed by legal counsel prior to signing. As appropriate, you may consult Legal Counsel to help with questions concerning legal rights, obligations and interests.
5. COMMITMENT: Resolution of the issues calls for sincere effort. You agree that, to reach a fair settlement, you will do your best to maintain open, honest and constructive communication; to disclose relevant information; to exercise appropriate self-management of emotion; to take appropriate personal responsibility; and not to use mediation for legal discovery or retaliation.
6. TERMINATION: If any of us believes that full resolution cannot be reached or that further mediation will not prove fruitful, we may make a joint decision to suspend or terminate mediation. A written agreement may express this decision and any plans for subsequent activities that may help resolve the issues. I can help you plan reasonable next steps.
7. FOLLOW-UP: If you wish, I will contact you after mediation, to confirm the durability of agreements or to determine whether you wish to continue the mediation, to reinforce the success of agreements. Return to mediation provides a means of “fine-tuning” agreements, especially for long-term continuing relationships.
8. TO ENHANCE COMMUNICATION: We agree to let each other speak without interruption, to make a good faith effort to resolve the problem, to speak with respect for ourselves and others, and to be as honest and open as possible.
9. OTHER: .
PAYMENT DUE AT TIME OF
(cash or check only, please),
Direct mediation, research, preparation,
follow-up: $ per hour. This
also will include
One-time case startup fee: $ .
Travel: $ per hour, or . Expenses will be billed at cost.
NM Gross Receipts Tax (8.1875%): included added tax-exempt (NTTC)
Minimum charge: $ . After hours, the rates given above will apply.
RETAINER: $ ; Work will be invoiced; any overage refunded at the end of the case.
__ Payment made equally by all parties or .
__ Individual consultation paid by each individual or .
__ There will be a charge for missed or delayed appointments (minimum one hour).
Note: All charges will be billed at the hourly rate, in quarter-hour increments.
11. OTHER FEE-RELATED ITEMS: .
DO NOT SIGN THIS FORM UNLESS YOU UNDERSTAND IT AND FREELY AGREE TO MEDIATION
• We have each read and understand this Agreement to Mediate.
• We freely and fully agree to these terms for mediation.
Date Philip Crump, Mediator Date
* RELEASE: In accord with the Confidentiality provision (#3), we agree that the mediator may discuss pertinent aspects of our situation with our attorneys, therapists or other professionals who are helping us reach mutually satisfactory decisions.