Name *
Terms and Conditions of the Agreement to Mediate. We confirm that you have asked us to mediate your Cohabitation Agreement. The purpose of this form is to set out and confirm the terms and conditions of our Agreement to Mediate. SCOPE OF WORK We confirm that the mediator, Christina Vinters, is qualified to act as a family law mediator under the Family Law Act (British Columbia). The services which we may be required to provide include assisting with completion of financial disclosure, discussing issues and possible solutions, and drafting a written agreement if terms of agreement have been reached. LIMITATION ON RETAINER We are not retained to provide legal advice or tax advice. We recommend that you consult with a family law lawyer and an accountant to determine your legal rights and responsibilities, and any possible tax liabilities you may have arising out of your family situation and the settlement of those family matters. LIMITATION ON SERVICE Meetings are by appointment only. Our office is not open for drop-ins. FULL DISCLOSURE You intend to participate in this process in honestly and in good faith. You intend to provide full disclosure of all information relevant to the issues being mediated. You understand that disclosure is an ongoing issue and will provide additional information as it arises. PARTICIPATION No other person will be present during mediation, whether in person, by web-conference, or telephone, except with the prior written consent of all parties. CONFIDENTIALITY All communications during the mediation process, whether by email, telephone, web-conferencing, or in person are private and confidential to the process and may not be shared with any third parties and are inadmissible in any later arbitration or court proceeding. Any written agreement signed by all parties is admissible in court for enforcement purposes. However, the mediator may share with you any information or documents provided by the other person that in the mediator’s discretion will assist the resolution process, except for the Initial Consultation Form and anything discussed in the Initial Consultation which will remain private. Possible exceptions to confidentiality are: 1) a child is in need of protection; 2) one of you has disclosed that a violent crime is being planned or has been committed; and/or 3) we have been subpoenaed to testify in Court. You agree that you will not subpoena the mediator and that the mediator may destroy all notes, working drafts, emails, and all other work product within 30 days of the completion of your mediation. You further agree that if you call the mediator as a witness in any arbitration or court proceeding, the person who calls the mediator as a witness will: 1) immediately pay Modern Separations Ltd. $3000.00 as damages for breach of contract; and 2) pay Modern Separations Ltd. $300.00 per hour for the actual time spent by the mediator as a result of being called as a witness (including preparation, travel time and time spent testifying) plus any associated costs of travel, regardless of whether or not the mediator actually testifies, within 7 days of receipt of an invoice from us. FEES The Cohabitation Mediation Package includes all meetings, communications, and the drafting of a written agreement if an agreement is reached, for up to 2 meetings within 4 weeks from the date of the first joint meeting, from Mondays to Fridays during the hours of 10am to 8pm. The Cohabitation Mediation Package costs $1290.00 plus GST and is due in full at the first joint meeting. Additional meetings are $300.00 plus GST. DISBURSEMENTS We will not charge you for any office expenses, such as long-distance calls or photocopies. If you request that we incur special expenses on your behalf, such as courier fees, you will be required to re-pay the out-of-pocket expense immediately upon receipt of our invoice. If you choose to retain an expert, such as a business valuator, property appraiser, accountant, counselor, or other expert to assist with the resolution of your family matters, you will be responsible for paying the associated fees directly to those experts. TERMINATION OF SERVICE Mediation is voluntary and you have the right to terminate our services at any time by providing written notice to us. We have the right to terminate our services by providing written notice to you only if we believe that continuing mediation may be a safety risk to one of you or your children. If our services are terminated for any reason, you will not be entitled to receive a refund for any or all of the package fee. AGREEMENT TO MEDIATE If you are in agreement with the terms and conditions set out in this form, please type your name below and click to confirm your agreement. Sincerely, Modern Separations Ltd. *

We suggest that you print a copy of this page for your records.