Mediator Retainer Agreement
A Mediator Retainer Agreement is a legal contract between a mediator and a client (or clients) that outlines the terms and conditions under which mediation services will be provided. This agreement typically specifies the scope of mediation, the fees and payment structure, confidentiality provisions, and the responsibilities of both the mediator and the parties involved.
In detail, the Mediator Retainer Agreement serves several key purposes:
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Scope of Services: It defines the nature of the mediation services to be provided, including the issues to be mediated and any specific processes that will be followed.
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Fees and Payment: The agreement outlines the mediator’s fees, how they will be billed (e.g., hourly rate, flat fee), and the payment schedule. It may also specify any retainer amount that must be paid upfront.
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Confidentiality: A critical component of the agreement, confidentiality clauses ensure that any information shared during mediation cannot be disclosed outside of the mediation process. This encourages open communication between parties.
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Responsibilities: The agreement delineates the roles and responsibilities of the mediator and the clients, including expectations for participation and conduct during mediation sessions.
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Termination: It may include terms regarding how either party can terminate the agreement, including any notice requirements.
An example of a Mediator Retainer Agreement might involve a couple undergoing divorce mediation. The agreement would specify that the mediator will help facilitate discussions regarding asset division and child custody, outline the fee structure (e.g., $200 per hour), and emphasize that conversations during sessions will remain confidential. This structured approach helps ensure clarity and fosters a collaborative environment for resolving disputes.
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