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This page has the Confidentiality Agreement, NOTICE TO ALL PARTIES IN FAMILY CASES, and Agreement to Mediate.  Copies will be signed at the mediation.

Mediation Confidentiality Agreement  
The undersigned parties are attempting to resolve a dispute and have engaged the services of Barbara Manousso, as mediator.  In order to promote communication among the parties and mediator and to facilitate settlement of the dispute, we agree that the mediator has no liability for any act or omission in connection with mediation, and further agree:

All statements made during the course of the mediation are privileged settlement discussions, are made without prejudice to any party’s legal position, and are inadmissible for any purpose in any legal proceeding.  Any information disclosed to the mediator by a party, or by
a representative of a party, or by a witness on behalf of a party, is confidential.  The mediator cannot be compelled to disclose such information unless required to by law or court order.

All disclosures made during the course of this mediation are conditioned upon this promise and agreement of confidentiality. 
The mediator will act as a neutral mediator, not act as an advocate for any party, and is not serving as legal counsel to any party.

We, __________________________and__________________________ will not seek, nor will we encourage or permit another, to compel the mediator to disclose any such confidential information in any legal or administrative proceeding or otherwise.  We may not introduce into evidence or use for any adversarial purpose any written or oral communication of the mediator.  We agree not to introduce into evidence or use for any adversarial purpose any other confidential information disclosed in this mediation, except as required by law or court order.

All privileges and the protection of attorney work product that pre-existed the mediation are unaffected by the mediation, whether or not disclosure is made in the mediation.

Breach of this agreement would cause irreparable injury and monetary damages would be an inadequate remedy, since we are relying upon this agreement of confidentiality in disclosing sensitive business and/or personal information.  We therefore agree and stipulate that any party to this agreement may obtain an injunction to prevent disclosure of any confidential information or mediator communication in violation of this agreement.  If any party breaches this agreement, that party shall be liable for and shall indemnify the other parties and the mediator for all costs, expenses, liabilities, and fees, including attorney’s fees that may be incurred as a result of such breach.

Signed before mediation this_____ day of ______________ 2010.

 

Signature of Party (One)                                                                  Date                        

Signature of Party (Two)                                                                  Date                        

NOTICE TO ALL PARTIES IN FAMILY CASES
Mediation is an informal settlement conference. The sole purpose of this mediation is to attempt to resolve your case on a basis acceptable to you and the other parties to the case.  In the mediation process, you will be exploring the possibility of making agreements that will affect your legal rights concerning children and property.  You are advised to consult an attorney regarding these issues.  Agreements reached in mediation have legal consequences.   In this case, the mediation will be binding, and not subject to revocation. 

The mediator is neutral and cannot give legal advice.  The other parties to the case may have a lawyer present at the mediation to assist them. 

You are encouraged to bring an attorney with you to the mediation, but it is not necessary.  Sometimes parties have their attorney on call, in the event that they have a legal question to be answered during the mediation. 

If you cannot bring an attorney with you to the mediation, you are encouraged to consult an attorney prior to and after the mediation.  The Houston Bar Association sponsors Houston Lawyer Referral Service, whose telephone number is 713.237.9429.  Through this service, you may obtain a 30-minute consultation for approximately $20.  You may also retain the attorney for additional services, such as reviewing the proposed agreement and/or the final order.

I have read the above and understand it.

Signature of Party (One)                                                                  Date                        

Signature of Party (Two)                                                                  Date                        

AGREEMENT TO MEDIATE

This is an agreement between ____________________________   and   ______________________________.

I understand that mediation is a process based on trust and cooperation that can help us discuss and resolve any conflicts that may exist between us.  I agree to work in a spirit of open and full disclosure and to provide complete and accurate information during the mediation, including facts, documents, financial data, etc., in order that all parties involved can reach informed decisions. 

I understand that the mediator is not a legal advisor and cannot provide legal advice to any party involved in mediation.  I understand that each party has the right to his or her own attorney, and I agree to notify all participants in the process if I have to obtain an attorney in this matter.  I understand that no subpoenas, citations, writs, or other process shall be served at or near the location of the mediation upon any person entering, leaving, or attending the mediation. 

I understand that mediation is confidential and that I can not call upon the mediator or Manousso Mediation or those from any mediation panel employees to testify concerning this mediation.  I agree not to subpoena any documents about the case.  I understand that the Manousso Mediation will not retain records related to this case for more than four years.   All notes will be destroyed by shredding immediately following the mediation.    

I understand that if the mediator has cause to believe that a child's or elder’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect by any person, the mediator is obligated by law to report it to the appropriate authorities and that those specific issues are not covered by the confidentiality of a mediation session. 

I understand that this mediation is binding, but it may not inclusive of all terms necessary to finalize the divorce, but serves only to bind the primary terms of understanding.