MEDIATION AGREEMENT

The undersigned agree to retain TLC Professional Services LLC (hereafter “Mediator”) to assist in resolving the case of ____________________________________________________________________________________________________________________________
subject to the following terms and conditions: 

1.  Compensation.  Mediator shall be paid $325/hour for his services.  Each party will pay ½ of the total fee by Venmo (preferred) or credit card at the conclusion of the Mediation.

2.  Voluntary.  The mediation proceeding is voluntary and may be terminated at any time by the parties or attorneys.

3.  Role of Mediator.  The Mediator is a neutral third party and does not serve as an attorney or fiduciary for any participant.  The Mediator may express an opinion on how he believes a judge would rule on an issue or assist in preparation of a settlement agreement.  The undersigned stipulate and agree that such conduct does not constitute providing legal advice and Mediator shall not be liable to any party for any statement, representation, mathematical calculation, act or omission in connection with this Mediation.

4.  Privilege.  The mediation proceedings are privileged and confidential under Utah law.  The participants in the mediation are precluded by law from using anything that was said or done during the mediation at a later court hearing or trial.  This allows the parties to make concessions and compromises they may not otherwise propose to resolve the case.

5.  Sharing of Information.  The Mediator is authorized to share any information received at a private meeting unless otherwise instructed by the sharing party.  This is necessary for the parties to understand their respective positions and resolve mediation issues.

6.  Impartiality.  Unless otherwise disclosed, Mediator does not believe he is acquainted with any of the parties and believes he can be fair and impartial.  As a member of the Utah State Bar for over 40 years and as a retired District Judge, Mediator has a professional relationship with numerous attorneys which does not affect his ability to be neutral and fair.

DATED this ____ day of __________________, 202___.

 

_________________________________________________                      _________________________________________________
Petitioner/ Plaintiff                                                                         Attorney for Petitioner/ Plaintiff     

 

_________________________________________________                      _________________________________________________
Respondent/ Defendant                                                                Attorney for Respondent/ Defendant

 

_________________________________________________
Terry Christiansen, Mediator