Agreement To Mediate Forms - Family
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5AGREEMENT TO MEDIATE FORMS – FAMILY
OVERVIEW
An agreement to mediate is the form that the parties and the mediator sign to put everyone on the
same page as to the process that will be followed in the mediation, what is to be considered
confidential, and the parameters of the process. The agreements, therefore, should be precise in
their language and they should be written in easily understood language so as to avoid any future
misunderstandings.
Using a standard agreement to mediate for all court-referred mediations helps to ensure that all
parties are undertaking the process with the same information and the same expectations. In
situations where use of the forms is required, the court has control over how issues such as
confidentiality are presented to the parties, helping to reduce missteps and misunderstandings. In
situations where the forms are simply offered as a tool, they present a unified approach to provide
guidance for all participants.
GOOD EXAMPLES
Domestic Guidelines for Mediation – Cobb County, Georgia
This agreement to mediate form takes an interesting tack: it provides guidelines about party
behavior in the mediation that can lead to a more effective process without making that behavior
a point of agreement. It covers all the right topics, including a reminder to get legal advice before
signing an agreement, an explanation of the mediator’s role, and confidentiality. The language is
legible and friendly.
Courts adapting this rule may wish to amend it by rewriting the confidentiality section to be more
specific. It states that information gathered in the mediation process is confidential. This could
explain what “information gathered” means (e.g., written and oral communications, exhibits made
specifically for the mediation, etc.). Further, in an area in which pro se litigants are common, a
court may choose to use the simplest words possible to express an idea (e.g, “help” instead of
“assistance”, “effect on taxes” instead of “tax ramifications”).
Agreement to Mediate, Probate Cases – New Hampshire
This is a good example of how to write an agreement for pro se litigants. It is simple but
explicative. It may be helpful to include an item about the mediator meeting with the parties
separately and the confidential aspects of that. A court adapting this form may want to simplify
the language a bit further – “consenting” can be “agreeing” – but it does not have the ring of
legalese to it.
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