Terms and Conditions
Mediation agreement:
Blaskovich Mediation Services – Mediation Agreement
Please review these terms prior to the start of mediation. If you have any questions, please contact me prior to mediation at [email protected] or via U.S. Mail.
EXPECTATIONS
1. The goal of mediation is to offer the parties an opportunity to express their concerns, to better understand one another’s perspectives, and, to reach a mutually acceptable settlement agreement that will be submitted to their attorneys.
2. It is important that both parties negotiate in good faith. This requires each party to disclose all relevant information. Failure to do so may constitute grounds for nullifying the agreement.
3. The issues mediated may include any matters that both parties believe to be important. In divorce cases, common issues include custody, parenting, child support, spousal support, division of property and division of debt.
4. The mediator assists the parties in their discussions. The mediator does not make decisions for the parties.
MEDIATION AGREEMENT
THIS AGREEMENT is made between the undersigned parties, and Natalia Blaskovich:
A. Mediator Testimony:
The parties agree that neither shall call their mediator as a witness to testify, or subpoena any records of the mediator, for any court, arbitration or administrative hearing. If either party attempts to subpoena either the mediator or the other party before any such hearing, the mediator and the other party will be entitled to a protective order to prevent disclosure of any confidential information. Any party seeking to force disclosure of information by the mediator obtained in the mediation process without the consent of the other party, and without the consent of the mediator, agrees to be responsible for any legal fees incurred by the mediator and/or any party resisting such disclosure, and further agrees to pay for all time incurred by the mediator in resisting such attempts to force disclosure of confidential information at the same rate being charged by the mediator for the mediation process, itself.
B. Mediator Non-disclosure:
The mediator will treat all information provided during mediation sessions as confidential. No information obtained during mediation will be given to any outside person or organization without the agreement of both parties, unless there are threats of physical harm or allegations of child abuse. The parties may grant permission to the mediator to communicate with the parties’ attorneys concerning the agreement they are working on in mediation.
C. Confidentiality of Mediation Discussions:
The parties agree that concessions, offers of settlement, suggestions by the mediator, admission by either party, or any other aspect of communications about the mediation process made for the purpose of settlement may not be used in any subsequent court proceeding. The information disclosed during mediation will be available to the other party without the legal procedures that are commonly used to compel disclosure of information.
D. Legal Advice:
The mediator is a licensed attorney, but she does not represent either party during the mediation or give either party legal advice now or in the future. The parties are encouraged to consult with an attorney during the mediation process to understand the legal parameters of their case. After a final agreement is reached, each party should have their respective attorneys review it.
E. Individual Meetings:
It is sometimes helpful to provide private individual meetings with the mediator. Either party or the mediator may request individual meetings with the mediator. This is sometimes called caucusing. The mediator my also meet alone with any third party as part of the mediation process if she believes it would Assist the parties in mediating their issues.
F. Termination of Mediation:
Mediation is a voluntary process and any party in mediation may terminate at any time. The parties agree that if he or she wishes to terminate mediation, he or she will do so during a session. The parties also agree that the mediator may at any time with or without reason terminate the mediation process.
G. Mediator Status:
The parties understand that Natalia Blaskovich is an independent contractor. We have contacted her directly for mediation services. She is not an employee of the State of Iowa or of the Judicial District.
H. Costs of Mediation:
1. The mediator will be paid the amount for services requested prior to commencing the first mediation session unless other arrangements are made in writing. Payment may be made by mail to Natalia Blaskovich, P.O. Box 31, Dubuque IA 52004-0331. Please make checks out to “Natalia Blaskovich”. Payment may be made electronically via Venmo to @Natalia-Blaskovich or via Paypal to [email protected]. I will send an invoice upon request for Paypal. I reserve the right to cancel a scheduled mediation if prepayment is not received by 12:00 P.M. the day prior to the scheduled mediation.
2. Following the mediation the mediator may provide a Mediation Summary to the parties if requested. If the parties approve the Mediation Summary, a copy will be forwarded to their attorneys. The Mediation Summary shall outline the issues resolved in mediation as well as those that remain unresolved.
3. The parties agree to pay a drafting fee of $100.00 per hour per person for the time required to prepare these documents. The mediator shall provide the parties with a billing statement. Any unused retainer or funds on hand not charged for the mediation shall be returned to the parties following the termination of the mediation. The mediator reserves the right to seek compensation for unpaid mediation fees from each party.
4. In Iowa, the Court requires that parties mediate a minimum of one (1) hour for the resolution of temporary matters and a minimum of three (3) hours for the resolution of final matters. Should one or both of the parties terminate the mediation session before the one (1) hour and three (3) hour minimums are met, the parties shall be billed for at least one (1) hour or three (3) hours of the mediator’s time, in addition to time spent on other tasks performed by the mediator prior the mediation session.
5. Total Fees and costs cannot be estimated. Mediation costs vary widely and are dependent upon the action taken by the parties, as well as the nature and complexity of the issues. The parties acknowledge that the mediator has made no promises about the total fees to be incurred by the parties under this agreement.
I. Mediator Withdrawal: The Mediator may withdraw at any time as permitted under the laws of the State of Iowa. The parties agree that a failure to keep payment of fees current, to cooperate with the mediator or to fully disclose any relevant information to the mediator shall entitle the mediator to withdraw at her option. Notwithstanding the mediator’s withdrawal, the parties will remain obligated to pay the mediator at the agreed rate for all services provided before the withdrawal.
J. Complete Agreement: this agreement contains the entire agreement of the parties and no other agreement, statement or promises made on or before the effective date of this agreement will be binding on the parties.
K. Modification of Agreement: The agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both parties and the mediator or by an oral agreement to the extent the parties carry it out.
L. E-Mail Authorization: I hereby authorize the mediator to communicate with me via electronic mail. I give this consent and authorization after being advised by the mediator that her email is not encrypted and, consequently, is not secure and could potentially be read by someone other than myself if our respective email service provider’s security is breached. I realize that, consequently, if the email communication is use, mediator cannot guarantee that the confidentiality of that email communication can be preserved.
M. Cell Phone Authorization: I hereby authorize the mediator to communicate with me via cell phone. I give this consent and authorization after being advised by mediator that they cannot guarantee that the confidentiality of cell phone communication will be preserved. This authorization includes my ability to communicate with mediator by cell phone, mediator’s ability to communicate with me via cell phone and mediator’s ability to communicate with other attorneys or staff via cell phone. I further authorize the mediator to communicate with me or within the mediator’s office and staff regarding my case in any way that the mediator deems appropriate.
Common Terms and Conditions
- Cancellation Policy – Parties may cancel their mediation without penalty up to 72 hours prior to the scheduled mediation time. Full payment is due if not cancelled 72 hours before the scheduled mediation time.
- Payment Policy – Payment shall be received by noon on the day prior to the scheduled mediation.
- Failure to Reach an Agreement – Blaskovich Mediation Services does not guarantee an agreement in every case. The nature of mediation is an agreement accepted by both parties and, therefore, it is understood that all details may not be resolved during the mediation. Payment is due regardless of an ultimate resolution or lack thereof.