Here are some Sample Paragraphs of an Agreement to Mediate

PURPOSE OF MEDIATION

This Agreement governs the terms and conditions of this family law mediation and describes the process of mediation to be used by the parties and the Mediator in attempting to resolve this family matter. By signing this Agreement, the parties agree to conduct themselves in a bona fide and forthright manner and to make a serious effort to resolve the matters in dispute, fairly and equitably. The parties agree to work together with the Mediator to develop options and negotiate alternatives fairly and reasonably.

PREAMBLE

A. The parties have made a decision to live separate and apart from one another. Each of the parties desires to resolve certain defined and/or all identified issues arising out of their relationship without engaging in an adversarial contest;

B. The parties desire to resolve those issues related to the breakdown of their relationship by way of mediation and hereby agree to appoint the mediator to assist them; the parties may attend mediation privately on their own or jointly with their respective legal representatives.

C. Family law mediation is a process whereby the parties attempt, with the assistance of a neutral and impartial third party, to reach a consensual settlement of issues relating to their marital relationship inclusive of a legal separation and/or divorce.

THEREFORE the parties agree as follows:

THE MEDIATION PROCESS

1.1 The parties hereby agree to appoint Alexander John MacIver, a Barrister and Solicitor, who is qualified pursuant to the Rules of the Law Society of British Columbia, to act as a mediator respecting those issues identified by the parties as arising out of their relationship.

1.2 The Mediator agrees to help the parties discuss the matters in dispute between them, assist the parties in communicating and negotiating as effectively as possible, and assist the parties in effecting a settlement of the matters which they identified as being at issue and requiring resolution.

1.3 It is anticipated that the Mediator and the parties will meet together more than once, although the number of mediation sessions and their length may vary depending on the number of issues, the nature of the issues, and the emotional state of the parties. At all mediation sessions both parties will be present with the mediator, unless it is agreed that it would be more appropriate to meet separately with the Mediator and/or other persons, including legal counsel of the parties, provided the parties expressly consent to that process.

1.4 The goal of mediation will be to reach a final agreement on those outstanding issues identified as existent between the parties. At the request of the parties the Mediator will prepare a draft document, in writing, setting out the terms of any Separation Agreement as may be reached between the parties and present the memorandum to the parties for discussion. If the parties agree to the terms of the proposed memorandum, or any amended proposed memorandum, the Mediator will, at the request of the parties, prepare a final Agreement for the parties.

1.5 The parties may take the draft Agreement or Agreement to their legal counsel for legal advice, preparation and signing. No agreement will be binding on the parties until it is reduced to writing and signed by both parties. After the agreement has been reduced to writing and signed by the parties, each party will abide by their concluded agreement as soon as possible. Once the parties sign an Agreement, it will become an enforceable contract between the parties.

1.6 It is understood that while the mediator is a lawyer, he is not, throughout the mediation process, acting as legal counsel for either party. It is understood that the mediator must remain neutral in all contacts with the parties and that he will not advance the interests of one party over the other. Mediation is a process of facilitated negotiation and, accordingly, the Mediator is not acting in the capacity of arbitrator and will not make decisions for the parties.

FULL DISCLOSURE

2.1 Each party acknowledges that full and frank disclosure of all relevant and material information is essential to the mediation process. Accordingly, each party shall provide full disclosure to each other and to the mediator with all relevant information and documents necessary to the mediation process inclusive of completing all financial disclosure documents in accord with the Family Relations Act of British Columbia. It is agreed that the Mediator may fully disclose to each party all information provided to him by the other party, or any other relevant information of which he becomes aware during the mediation process.

2.2 The parties understand that a court of competent jurisdiction may set aside any written agreement ultimately entered into between them if full and frank disclosure has not been made to one another.

CONFIDENTIALITY

3.1 The parties agree that insofar as the mediation process is part of an attempt to settle differences between them, all communications between the parties either with one another or with the mediator are made without prejudice and are privileged. Any and all information arising out of the mediation sessions shall be treated by all parties as confidential. Accordingly, the mediator shall not be required by either party to provide information or to give evidence in any legal proceeding with respect to any such communications. If either party seeks to compel the attendance of the mediator in any legal proceedings that party shall be responsible for all legal fees incurred by the mediator in his efforts to defend the integrity of this agreement and the intent of the parties to maintain confidentiality in all communications between the parties and the mediator.

3.2 The parties agree that the mediator may discuss any information disclosed in or arising out of the mediation with any lawyer representing the parties on the basis that such information is discussed or disclosed on a without prejudice basis and shall not be disclosed by any lawyer acting for a party to this agreement in any legal proceeding.

3.3 The parties are aware that the confidentiality referred to above could possibly be breached in the following circumstances, namely:

(a) where the mediator is obliged by statutory enactment to report to the designated authority information which suggests that a child is in need of protection;

where a competent court of jurisdiction has the discretionary power to compel any person to give evidence and accordingly could possibly require one of the parties or the mediator to give evidence notwithstanding the provisions of this agreement.