Mediation Services Fee Agreement

Mediation Services Fee Agreement

This Mediation Services Fee Agreement ("Agreement") is made effective as of by and between Mediator Name: (referred to herein as "Mediator") and Client Name: (referred to herein as "Client").

RECITALS

WHEREAS, the Client seeks the assistance of the Mediator to provide mediation services to resolve the dispute described as: ; and

WHEREAS, the Mediator represents that the Mediator is qualified and experienced to provide non‑binding mediation services and is willing to provide such services on the terms and conditions set forth in this Agreement; and

WHEREAS, the parties wish to set forth their agreement regarding fees, costs, scheduling, confidentiality and related terms governing the mediation;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. SCOPE OF SERVICES

1.1 Services. The Mediator shall provide mediation services consisting of facilitation of negotiation between the parties, joint sessions, separate caucuses if requested, preparation of case management or settlement materials, and such other activities reasonably related to the mediation as the parties and Mediator agree. Specific mediation sessions are scheduled for: at Location: .

1.2 Supplemental Work. Any work outside of scheduled mediation sessions (including drafting of settlement documents, extended research, or extended conferences) will be billed as described in Section 2 unless otherwise agreed in writing.

2. FEES AND PAYMENT

2.1 Fee Structure. The Client agrees to pay the Mediator in accordance with the following selected fee structure (select applicable boxes and complete amount fields):

Hourly fee at $ per hour (billed in increments of 1/4 hour).

Flat fee for mediation services of $ (covers up to hours; additional time billed per hourly rate).

2.2 Retainer. The Client shall pay a retainer of $ prior to scheduling. The retainer will be applied to final invoices. Retainer is refundable non‑refundable. If refundable, unearned retainer amounts will be returned within days after final accounting.

2.3 Invoicing and Payment Terms. The Mediator will invoice the Client on a basis. Payment is due within days of invoice receipt. Late payments are subject to interest at per month and reimbursement of reasonable collection costs.

3. CANCELLATION, RESCHEDULING, AND NO-SHOW

3.1 Cancellation Notice. Client must provide no less than days' notice to cancel or reschedule. Failure to provide required notice may result in a cancellation fee as set forth below.

3.2 Cancellation Fee. If the Client cancels with less than the required notice, the Client shall pay a cancellation fee of $ or the amount of the scheduled session fee, whichever is greater.

3.3 No-Show. A party who fails to appear at a scheduled session without prior notice shall be responsible for a no‑show fee of $ plus any incremental hourly charges for time reserved.

4. EXPENSES AND COSTS

4.1 Reimbursable Expenses. Client shall reimburse the Mediator for reasonable expenses incurred in connection with the mediation, including but not limited to travel, lodging, copying, postage, and administrative costs. Estimated expenses for the scheduled mediation are $. Expenses in excess of $ require prior approval.

5. CONFIDENTIALITY AND PRIVILEGE

5.1 Confidentiality. Except as otherwise required by law, the Mediator shall treat communications made during the mediation as confidential. The parties understand and agree that statements made during mediation are privileged and shall not be used as evidence in any subsequent proceeding, to the extent permitted by applicable law.

5.2 Exceptions. Confidentiality does not apply to: (a) threats of violence or admission of intent to commit a crime; (b) agreements reached and signed by the parties; and (c) other disclosures required by law. The Mediator may disclose information if compelled by a court order, in which case the Mediator will notify the parties promptly, unless prohibited.

6. RECORDS, ACCOUNTING, AND REFUNDS

6.1 Accounting. The Mediator shall maintain contemporaneous records of time and expenses and provide a final accounting to the Client upon request or at the conclusion of the mediation.

6.2 Refunds. Any refund due after final accounting shall be issued within days of the final accounting, subject to offset for charges properly incurred by the Mediator prior to termination.

7. TERMINATION

7.1 Termination by Parties. Either party may terminate the mediation at any time by written notice to the other parties and the Mediator. Parties remain liable for fees and expenses incurred through the date of termination.

7.2 Termination by Mediator. The Mediator may withdraw or terminate services for good cause, including nonpayment, inability to mediate impartially, or disruptive conduct. In the event of withdrawal, the Mediator shall provide reasonable notice and accounting for fees and expenses.

8. LIMITATION OF LIABILITY; INDEMNITY

8.1 Limitation of Liability. Except for willful misconduct or gross negligence, the Mediator's liability arising from or relating to the mediation and these fees shall be limited to direct damages not to exceed the total fees actually paid by the Client to the Mediator under this Agreement.

8.2 Indemnity. The Client agrees to indemnify and hold the Mediator harmless from and against any third‑party claims arising from the Client's breach of this Agreement, including reasonable attorneys' fees and costs associated with collection of unpaid fees, except to the extent caused by the Mediator's gross negligence or willful misconduct.

9. NOTICES

Notices shall be in writing and delivered by personal delivery, certified mail return receipt requested, or overnight courier to the contact information provided above and shall be deemed received upon delivery or upon refusal of delivery.

10. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its choice‑of‑law principles. Venue for any action to enforce payment obligations under this Agreement shall lie in the state or federal courts located in the county of .

11. ENTIRE AGREEMENT; AMENDMENT; WAIVER; SEVERABILITY

11.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

11.2 Amendment. This Agreement may be amended only by a written instrument signed by both parties.

11.3 Waiver. No waiver by any party of any breach or default shall be deemed a waiver of any subsequent breach or default.

11.4 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. COUNTERPARTS; ELECTRONIC SIGNATURES

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by electronic means (including PDF or image) shall be binding and have the same force and effect as original signatures.

13. ADDITIONAL TERMS

By signing below, the parties acknowledge that they have read, understand, and agree to be bound by the terms of this Mediation Services Fee Agreement.

Sign Now