AGREEMENT TO MEDIATE

By signing below, I agree to participate in mediation conducted by Community Mediation Services (CMS). I understand that:

1. Mediation is a confidential process (except in cases of child abuse, elder abuse, or credible threats of violence, which must be reported to authorities). La. R.S. 4112 of the Louisiana Mediation Act provides that, confidentiality, in whole or in part, may be waived only when all participants/parties specifically agree in writing.

2. Mediation is a voluntary process. In the mediation process, parties will be responsible for making their own decisions. The mediator(s) will facilitate the process; the mediator’s role is not to give advice or suggestions. Because the decisions are made by parties of their own determination, parties will not hold CMS or the mediators liable for any decisions made during the mediation session. The parties release CMS and the mediators from any liability in connection with the mediation.

3. Role of the Mediator: The mediator(s) act as a neutral facilitator. The mediator(s) assist the parties in identifying issues, reducing obstacles to communication, maximizing the exploration of alternatives, and reaching voluntary agreements.

4. Mediation Process: The process will include at a minimum, an opportunity for all parties to be heard, the identification of issues to be resolved, the generation of alternatives for resolution, and if the parties so desire, the development of a Memorandum of Understanding or Agreement. The mediator(s) may determine that a private meeting with one of the parties alone could be helpful to the process. Should this occur, no information obtained by the mediator in the private session will be revealed to the other party without the express permission of the party in the private session.

5. The mediator(s) and staff of Community Mediation Services will not reveal any information gathered or statements made during the mediation process. Parties will not ask the mediators or CMS staff to disclose any of the information gathered or statements made during the mediation process in any other setting.

6. The mediators do not provide legal advice. Any mediated agreement may affect the legal rights of the parties. Each party to the mediation should have any draft agreement reviewed by independent counsel prior to signing an agreement or should waive his or her opportunity to do so.

7. Since mediation is a voluntary process, each party understands that at any time before a mediation is completed, he or she may choose another alternative, such as the court system. The mediators may terminate the process if deemed inappropriate or not productive.

8. Mediators associated with CMS will direct the mediation for which CMS will be compensated at the rate indicated by the CMS website fee schedule or in the case of family mediation (divorce/custody) by the Civil District Court sliding scale. Payment must be made at the end of the session unless prior arrangements have been made.

I agree to mediate with the expectation that a mutual agreement will be reached and to work in good faith to that end.

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Party Date

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Mediator Date

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Co-Mediator Date