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Please review this Retainer Agreement if it is pertinent to your situation. If you wish, you may access the Microsoft Word version by right clicking and choosing "Save Target As" on the link below: RETAINER AGREEMENT FOR MEDIATION
1. Mediation Agreement: This document shall serve as the Agreement between and Joan G. Geiger. 2. Issues to Be Mediated: Joan G. Geiger will mediate, (facilitate negotiation and settlement), to help you agree on issues. This may include child timesharing, child and spousal support, child care expenses, child and spousal education expenses, interim support, health insurance, life insurance, distribution of debts and assets and other issues. 3. Disclosure of Information: Good faith requires disclosure of information relevant to all matters mediated. This information needs to be complete, true, accurate, and up to date. It excludes misleading, outdated, (unless relevant), information. You agree to produce all such information, written or otherwise, regardless of whether it would have to be disclosed in court. You each agree to produce any and all information that you would like to be disclosed if you were in the other person’s position. If such information is not forthcoming, or you provide information that may be misleading, incomplete, false, or may otherwise act to a person's detriment, mediation may be terminated. The mediator is free, at her discretion, to disclose to the other person(s)in mediation, or his/her attorney any information, whether written or oral, disclosed to the mediator by you, your attorney, or any person acting on your behalf. 4. Confidentiality and Subpoena of Mediator and Records: Mediation relies on confidentiality. You agree not to utilize any information, including drafts of any document prepared by the mediator in court or otherwise against the other person(s) in mediation. Joan G. Geiger, her file, records or notes, etc. are not subject to subpoena by you or anyone acting your behalf. You waive the right to subpoena the mediator, her file, records or notes, etc., at any time. You make this covenant with each other and the mediator, as a condition of mediation. 5. Legal Counsel and Preparation of Documents: Joan G. Geiger is a member of the Bar of the State of New Jersey, however, she is your mediator and is unable to represent either of you in divorce proceedings or any legal matter related to mediation. You may have consulted with or retained an attorney. In any event, you have a right to have legal counsel at any time during mediation. Although legal counsel is not required, the mediator may recommend consultation with legal counsel. This may occur where your understanding of the matter(s) involved, or ability to reach an agreement, may be enhanced by independent legal advice. Legal counsel is usually necessary to obtain a divorce or handle a legal proceeding. The mediator most likely will prepare a written document reflecting the understanding reached during mediation. The document is usually without signature lines. The document should be independently reviewed and finalized by legal counsel. The extent of the review should be discussed with the attorney. The mediator most likely will begin to work on the document immediately after the first mediation session. The mediator will continue to work on the document as needed after each session. You will receive a copy of each draft prepared by the mediator. The mediator's time in preparing the document is billable. You acknowledge and agree this document should not be legally binding unless or until it is signed by each party. 6. Appraisals, Experts, Etc.: If the services of other professionals are required to evaluate assets, provide tax information, determine income, the value of a business, etc., or with respect to parenting or other issues, unless you agree otherwise, neutral experts will be retained for each purpose. You may be required to pay for these fees in advance. Your share of the payment may be worked out in mediation. The mediator will not advance the fees and is not responsible for the fees. These may include, but are not limited to, costs for an accountant, appraiser, pension expert, tax expert, or, in parenting or other matters, a mental health professional. The mediator may recommend such professionals, but is not responsible for the expert's performance and makes no representations as to the quality or competency of the expert's work. 7. Contact with Legal Counsel, Co-Mediation, or Other Persons: The mediator may occasionally recommend co-mediation with an accountant, a therapist, etc. The mediator may, on rare occasions, recommend a session with your independent legal counsel present. Such sessions will only occur with advance notice and your consent. Unless you otherwise agree, or it is otherwise court ordered, you will be equally responsible for the additional cost of the co-mediation but you will each pay for the cost of having your own attorney present. The mediator may occasionally have contact, via the phone or otherwise, with an attorney, therapist, expert, or other third person. All such time is billable. If the mediator has contact with one person's attorney, the mediator will almost always contact the other person’s attorney and advise him/her of the conversation. 8. Voluntary Participation: Mediation is voluntary. Either person or the mediator may discontinue at any time. 9. Mediation Fees: No retainer is required. The fee is $150.00 per person, per hour, ($300 per hour total for two persons), for mediation sessions. Please note, the fees are per person, so the overall hourly rate is higher for more than two persons. In the mediator’s discretion, non session time for mediations involving more than two persons may be charged at the same rate as for two persons. You are responsible for the cost of all session time and all time reviewing documents forwarded by any person or on the behalf any person, in connection with the preparation of a written document or telephone and/or email conferences, correspondence, etc., with any person or any person's attorney, scheduling appointments, opening a file, reviewing documents and all time relating to experts or third persons such as phone conferences, reviewing reports, and correspondence with experts or accountants, financial planners, etc. Payment is due at the end of each session for that session, including the first session. Time spent by the mediator since the previous session is due at the end of the next session, or within 30 days of the day the bill is sent, whichever occurs first. Interest is assessed at a yearly rate of 12%, (1% on any prior balance from the previous month), or $75.00 per month, whichever is greater, on any balance not paid within 30 days of the date of the bill. Since the mediator is foregoing payment of a retainer, full and timely payment is essential, including any balance due for time since the previous session. There is a $75.00 charge if you are unable to make timely payment, including payment in full at the end of each session and any balance due for time since the previous session. Payment in full is required before a copy of the final document is sent to you. The mediator will advise you when the final document has been completed and will send you a bill. When the bill is paid in full, the document will be sent to you. 10. Payment of Fees by Both Persons Unless Otherwise Agreed: Mediation is a service provided to each person involved. Unless you agree otherwise and advise the mediator at the beginning of the first session, each person is equally responsible for all fees. This includes all telephone time with any person or any person’s attorney, time reviewing documents presented by any person, and all time spent by the mediator as per Paragraph 9 above. 11. Cancellation Fee: There Is a 1 Hour Charge for All Appointments Canceled less than One Week in Advance. 12. Mediation of Future Dispute(s): If any dispute(s) arise(s) between you and the mediator regarding your mediation or regarding the interpretation or enforcement of any provision contained in the Mediation Retainer Agreement, then you and I agree to attempt to resolve such dispute(s) including fee and cost disputes, first by direct negotiations and then by mediation with a qualified professional mediator who is mutually selected by you and me. The outside Mediators fees and costs will be divided equally between you and me, unless otherwise agreed in writing at the time of mediation. After the mediation process is completed, and if any issue(s) remain(s) unresolved, then each party is free to pursue any such remedies in any processes as may be permitted or required by law. Agreed to this day of , 200___ _____________________________________ _____________________________________
_______________________________________ Joan G. Geiger, Mediator Edited Nov. 2006 |
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