Computation Of Attorney Fees Form Page 55

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Adopted: 1/29/07
Revised: 8/1/14
AGREEMENT TO MEDIATE
IN THE PROBATE COURT OF MONTGOMERY COUNTY, OHIO
PLANTIFF,
:
CASE NO:
Plaintiff,
:
(McCOLLUM, J.)
v.
:
AGREEMENT TO MEDIATE
DEFENDANT,
:
Defendant.
:
:
We understand and agree to the following:
The mediator is not a judge or magistrate assigned to this case and has no authority to force the parties to
reach an agreement. An agreement shall be reached only if the parties believe the agreement is fair and in
their best interests. The mediator is not authorized to give the parties legal advice at any time. The
mediator and parties do have the right to consult an attorney at any time during the mediation.
The mediator is an impartial facilitator. The mediator is not an advocate for any party. The mediator and
the parties agree that there are no potential conflicts of interest that may prevent or interfere with the
mediation process. The mediator and each participant has the right to withdraw from mediation at any
time.
The parties agree that by signing this agreement, nothing said in the mediation or any written
communications resulting from this mediation, (except for written agreements that all parties to the case
wish to be made an order of the court), may be used against any participant in any court proceeding.
However, the mediator may inform the court or report to proper authorities certain information including:
(1) allegations of abuse or neglect of a child, (2) certain threats of harm, (3) things said during the
mediation process to plan or hide crime, and (4) things said during the mediation process that reveal a
felony crime. Other than these exceptions and absent a specific agreement between and among the
parties, the only information that the mediator provides to the court is party attendance and the outcome
of the mediation.
Any agreements that may be reached by the parties in this mediation do not modify or replace any court
orders. If the parties wish to have this agreement made an order of the court in formal cases, as indicated
above it must be presented to the court by the parties in the form of an agreed entry.
__________________________________
__________________________________
Date/Signature
Date/Signature

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