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Agreement to Participate in Mediation
& Fee Agreement

We agree to participate in mediation with DNG Mediation ("DNG"), on the terms and conditions set out in this Agreement to Participate in Mediation (“Agreement”). Parties have received an explanation of mediation and had an opportunity to ask questions. We, the undersigned understand and agree that:

  1. Mediation is Voluntary. We, or the mediator, may choose to end our participation in mediation at any time. DNG offers no guarantees or warranties about the results of mediation.

  2. Mediation is Confidential. We understand that mediation is a confidential process under Massachusetts law, that communications are not subject to disclosure and that DNG and its mediators will keep the details of our case and all related documents confidential except as required by law. Exceptions include: to report the planned commission of a crime and/or the abuse or neglect of a child or other person. We agree not to subpoena mediator(s), staff or records of DNG.

  3. Mediators are Impartial. Mediators will not take sides or impose any decisions upon the parties.

  4. Mediator’s Role. The mediator’s role is to attempt to resolve the designated dispute between the parties by facilitating communication and helping participants seek creative solutions. The mediator does not provide or replace legal advice. We understand we may seek legal or other advice before signing any agreement, and indeed are advised to do so by DNG. We may choose, but are not required, to have a lawyer present during mediation. Mediator services shall not be construed as legal advice, financial advice, therapy or any professional service other than mediation.

  5. Participants in the Mediation Session. Each of the undersigned must consent to the presence of all persons attending a mediation session, including attorneys for any of the parties. The names of all attendees at a mediation session must be provided to DNG at least ten calendar days before a scheduled session. DNG will provide the complete list of attendees to the undersigned before a scheduled session.

  6. Capacity to Make Informed Decisions. DNG reserves the right, but is not obligated, to postpone or terminate any mediation session if there are concerns for a participant’s capacity to make decisions, including by way of example only if any attendee is believed to be under the influence of alcohol or other drugs that could diminish or alter physical, emotional or cognitive functioning.

  7. Safety in Session and Domestic Abuse. DNG as well as participants may terminate a session at anytime due to concerns for safety. If either of us is concerned for our safety or have been threatened in any manner, we will share this information with DNG. We will notify DNG immediately if there is an active restraining order in place concerning another party or participant in the mediation.

  8. An agreement reached in mediation can bind us. If we reach a resolution, and sign a written agreement, that agreement will bind us according to its terms.

  9. Accurate Disclosures. If requested, we must disclose all of our financial worth, assets and liabilities during the mediation process. We each accept full responsibility for the reasonable accuracy of the figures disclosed and understand that agreements reached will be based in part on these figures.

  10. Documenting Agreement. Upon our request, DNG can set forth any agreement reached in mediation in a Memorandum of Understanding, Separation Agreement or other written document. We will reimburse DNG in the event that it utilizes outside legal counsel to document any agreement, and hereby hold DNG harmless for use of such counsel.

  11. Mediation Fee. We will pay a total of $350 per hour for mediation services, by a single mediator. Payment for services is due at the end of each mediation session, by credit card, and prior to receipt of any documents, though DNG has the right in its discretion to request payment in advance. The same hourly rate applies to additional services that might be provided outside of mediation sessions, including by way of example only phone calls and emails with or by the mediator; preparation of written materials such as progress summaries and draft agreements; or the drafting of a Memorandum of Understanding and/or a Separation Agreement.

  12. Reimbursement of Costs and Expenses. We shall pay in advance or reimburse DNG for any and all costs and expenses incurred directly or indirectly in connection with DNG’s performance hereunder, including by way of example only messenger fees, copying costs, outside legal counsel fees including for preparation of documentation of any mediated agreement, out-of-pocket expenses such as venue and equipment rental, meals during mediations and travel expenses.

  13. Cancellation Policy. Any cancellation by us with less than 24 hours’ notice (1 business day), or if one of us does not attend a scheduled session and it needs to be rescheduled, payment of the full session fee is required. If we reschedule a mediation session with less than 48 hours’ notice (2 business days), we will pay a fee of one hour of time before the next session can be scheduled.

  14. Credit Card. We hereby give permission for DNG to charge our credit card(s) noted below (or any replacement cards) for all mediation services, fees, costs and expenses.  Payments are due upon receipt of invoice. DNG will not provide additional mediation services until all fees and associated balances are paid in full.

  15. Late Fees and Collection Costs. DNG may add a late fee of 18% per annum to any outstanding balance. We will reimburse DNG for any and all costs and expenses DNG incurs to collect from us any outstanding amounts due hereunder, including attorneys’ and investigators’ fees, collection agency fees, and all related costs and expenses.

  16. Electronic Communications Notice. Any and all electronic communication (e.g., email and documents) we submit to DNG may be shared internally with DNG staff and mediators as needed for the purposes of scheduling or conveying relevant information pertaining to a mediation. Emails will not be shared with any other party unless there is explicit consent.

  17. Governing Law and Dispute Resolution. We agree that any dispute relating directly or indirectly to interpretation or enforcement of this Agreement shall solely and exclusively be resolved by the courts located in Middlesex County, Massachusetts, according to Massachusetts law, except for Conflicts of Laws, and such courts are requested to award reasonable attorneys’ fees to the prevailing party.

I read, I understand, and I agree to the terms of DNG Mediation's Agreement to Participate in Mediation and Fee Agreement for divorce mediation services.
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