The Guide to the Agreement to Mediate
Before you can commence with a mediator, you must sign the Agreement to Mediate. This isn’t the final deal; it is the “Safety Contract” that protects you during the process. Here is what you are agreeing to:
1. Confidentiality (The “Safe Space” Rule)
This is the most important part. By signing, you agree that everything said in mediation stays in mediation.
- The Protection: You cannot use what the other person says in mediation as evidence against them in court later. This allows you to speak freely and offer compromises without fear.
2. The Role of the Mediator (Neutrality)
You are acknowledging that the mediator is not your lawyer and not your judge. * What to Know: They won’t give you legal advice or decide who is “right.” Their only job is to help you communicate. If you feel they are taking sides, you have the right to speak up.
3. The “Voluntary” Nature (The Power to Leave)
The Agreement to Mediate confirms that you are here by choice (even if a court suggested it).
- The “Exit” Button: You can stop the mediation at any time if you feel unsafe, unheard, or if you simply don’t think it’s working.
4. Professional Conduct
You are promising to follow basic rules of respect:
- No interrupting.
- No recording the sessions on your phone or computer.
- Full disclosure of all assets and debts (no hiding information).