Agreement to Mediate

Our Agreement to Mediate is a document that all parties review and sign to indicate they are all in agreement for the process to begin. The text is as follows:

We understood mediation is confidential, legally privileged and voluntary; it can be stopped at any time by either of the parties, or the mediator/s and nobody is to be put under pressure to attend, or to agree to anything they don’t want to.

The limits to confidentiality have been explained to us, should there be significant risk to the life, health or safety of children, the parties or anyone else, and we have signed the FMJ Terms & Conditions which confirms the FMJ confidentiality policy.

We understand the mediator will not give any legal, financial or other advice, and will not take sides during discussions.

We understand we are responsible for all decisions made in mediation. We intend that agreements reached will be made in good faith but understand they are not legally binding, unless we take steps outside mediation to make them binding. While information and documentation produced from mediation sessions can be shared with our legal advisors, we understand communications will not be referred to as evidence in any court proceedings.

When discussing children’s issues, we will endeavour to focus our decision on the children and improving the situation for the future.

When discussing finances and property, we agree to make full, frank and true disclosure of finances and to provide all supporting documentation and to make financial disclosures on the basis they are not legally privileged and may be disclosed to lawyers and referred to in court.

By signing this agreement, we express our commitment to mediation sessions and our sincere intention to try to:

  • work for the least possible emotional and financial upheaval for all concerned
  • listen to one another
  • be fair and respectful to one other
  • be co-operative in resolving disagreements
  • seek practical solutions
  • leave fault and blame out of the negotiations
  • consider my own needs, as well as the needs of each other and our child/ren