Mediator's Role: The Mediator's role is to remain neutral, impartial, and objective and strive to create an atmosphere where issues can be identified and discussed openly and freely, and where positions can be compromised in order to achieve a fair and reasonable result. The Mediator's ultimate role is to help the parties arrive at an agreement and thereby avoid the necessity of engaging in contentious and often costly litigation. igating your disputes in Court.

Voluntary Participation: : Although mediation may be court-ordered, your participation in the "process" is completely voluntary, so that either party may discontinue mediation at any time after the initial conference.

Confidentiality: Mediation is a confidential process and, therefore, both parties must keep all negotiations and communications in mediation confidential. Neither party is permitted to attempt to call the mediator as a witness in any litigation or legal proceeding nor request or use any records or documents of the mediator for the purpose of litigation. Should a party try to compel the Mediator to divulge confidential information in a court proceeding or elsewhere, the person doing so may be required to compensate the Mediator in advance, at his or her normal hourly rate, for any time expended by the Mediator and compensate the Mediator for his or her legal costs and fees incurred. Some things are not confidential and, therefore, may be disclosed and they are any information disclosed during the mediation involving: (a) child abuse or neglect, (b) elder abuse or neglect, (c) the commission of a crime or fraud, or as part of a plan to commit a crime or fraud, and (d) all other matters as may be required by law.

Independent Legal Counsel: Parties may participate in mediation with or without counsel. However, it is important to remember that the Mediator, although often a family law attorney, can not provide legal counsel and legal advice can only be provided by independent counsel of your own choice. You are encouraged to talk openly with your attorneys throughout the entire mediation process. If you wish, your attorneys may participate in the mediation conferences.

Separate Sessions: During mediation, The Mediator may request to meet separately with one or more persons while others are not present. All discussions will be considered confidential within that session and will not be disclosed not present at the separate session without the permission of those present during the separate session.

Domestic Violence: If there has been any domestic violence in your relationship which may limit the ability of either of you to effectively participate in mediation or raise safety concerns, you should advise the Mediator prior to your meeting. If this issue arises, you and the Mediator should discuss whether mediation can proceed and develop an appropriate plan of action.

Full Disclosure: It is essential that both parties fully disclose all relevant information in order to have an effective mediation and resolve the issues that are pending in your case.

Guidelines: In the case of child support, the Court has specific guidelines for determining child support obligations. At your request, the Mediator may assist you both with the financial calculation of the approximate amounts. However, the parties ultimately accept responsibility for the accuracy and correctness of the amounts agreed upon.

Written Summary: If you successfully reach an agreement, the Mediator will prepare a written summary of your agreement which can be submitted to your separate attorneys for review, if you are represented.

Fees: Mediation Fees are based upon combined gross income:

The same rate will apply to the time involved in preparation, conferences, research, writing memorandums, consulting with advisory counsel or other time spent on your behalf. Sessions and other work performed by me will be paid at the end of each session. Fees for time reserved will be charged for sessions canceled less than twenty four hours in advance

Unpaid Fees: If fees are not paid when services are rendered or a mutually agreeable payment schedule is not made and adhered to, the Parties agree that the Mediator may terminate further services. Additionally, the Parties in default agree to bear the cost of collection of any outstanding fees owed by the Party, including reasonable attorney's fee and all other costs and, further, the Parties agree to venue in Hillsborough County, Florida.

a. The Client waives the right to a jury trial in any action related to the collection of payments due under this agreement, or disputes regarding services rendered of any kind.

b. Provided further, all disputes about the reasonableness of fees claimed, or services rendered, and any counter-claim against the Mediator in an action for collection or setoff because of any alleged improper act or acts on the part of the Mediator shall be submitted to and shall be determined by the arbitrators provided for below and the decision of the arbitrators shall be final and binding on both the Clients and the Mediator, for any and all disputes relating to the reasonableness of the fees, disputes regarding services provided, or any other matter, except those specifically reserved for resolution by the Mediator qualifications Board.

Certification: Don DeCort, Esquire, is certified as a Family Law mediator by the Supreme Court of Florida.

Payment: Payment may be made by credit card, check or cash.