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FACTS ABOUT MEDIATION It is your responsibility to make appointments
with the mediator and complete the mediation before returning to court. The mediator will write down your agreement and each of you will ask your
attorneys to review the agreement before you bring it to court. If you are unable to make an agreement in mediation, the judge will have to make decisions about the disputed matters when you
return to court. Litigation is extremely expensive and emotionally draining for all involved. OUTLINE
OF MEDIATION PROCESS 1. ORIENTATION OF MEDIATOR Create Structure Explain Mediation Process Establish Trust and Rapport with Parties Establish Mediator Neutrality 2. FACT FINDING AND THE ISOLATION
OF THE ISSUES Organize and Summarize the Facts List Issues and Set Priorities Discover New Options and Discuss Future Consequences 3. NEGOTIATIONS AND DECISION MAKING Address Issues Examine the Real Consequences of Options Compromise and Choose Alternatives 4. WRITING THE MEDIATION AGREEMENT Prepare the Agreement in the
Parties’ Own Language Review the Agreement with the Parties to Ensure that
It Reflects Their Decisions Provide Copies to Each Party 5. THE FINAL AGREEMENT PROCESSIONG Prepare Final Mediation Agreement to be Signed and Dated Parties to Have Their Attorney Prepare Consent Judgment to be submitted to the Court Reflecting the Final
Mediation Agreement GUIDELINES FOR MEDIATION The purpose of these guidelines is to assist you in reaching a settlement of the issues submitted for mediation. The guidelines are necessary to protect the integrity and confidentiality of the mediation process. The guidelines will assist you in examining relevant factors necessary
for a full discussion of the issues. You will determine a resolution of your conflict, and these guidelines will not
be used other than to protect the integrity of the process, and to ensure full discussion and analysis of relevant issues. AGREEMENT TO MEDIATE CONDUCT OF MEDIATION The
mediation process may be conducted by the mediator in whatever manner will more expeditiously permit full
discussion and resolution of the issues. The mediator is authorized to negotiate between you and to encourage you to settle
each issue. CONFIDENTIALITY OF MEDIATION Louisiana law provides for privileged or confidential communication in court referred mediation. We ask that each couple contract with each other and with the mediator to keep the mediation discussions confidential. By signing the Agreement to Mediate which incorporates these rules and guidelines, you agree as follows: Mediation is a procedure for reaching settlement of a dispute either in litigation or likely to be in litigation between you; Neither of you may call the mediator or any officer or agent of the mediator in any litigation to testify as to any matter regarding the mediation proceeding, and in like manner, both of you shall be prevented from requiring the production in such litigation of any records or documents or any other notes or papers made by the mediator; The foregoing exclusions from evidence and exemptions of the mediator and parties from giving testimony or being called upon to produce documents shall apply also to the use of neutral experts and other professionals called upon by you in mediation, and; Each parent agrees that the mediator will report to the court regarding
the outcome of mediation, whether satisfactory or unsatisfactory. FULL DISCLOSURE Each person shall fully disclose in the presence of
the other all information and writings as requested by the mediator and all information requested by the opposite party if
the mediator finds such other disclosure is appropriate to the mediation process and may aid you in reaching an agreement. PARTICIPATION OF OTHERS Ordinarily only the two parties and the mediator participate in the
mediation sessions. Lawyers do not attend the mediation sessions but parties are free to discuss any agreements
reached during mediation with his/her attorney. MEMORANDUM OF AGREEMENT At the conclusion of the mediation sessions, the mediator will draft a detailed memorandum setting forth the decisions agreed upon by you in mediation. The Memorandum of Agreement will be submitted by each of you to your attorney and one of them will prepare it in judgment form to be presented for the Judge's signature.LEGAL REPRESENTATION The mediator does not represent either of the parties. Legal representation is required, and you are free to consult your attorneys throughout the mediation process. You will be expected to negotiate an agreement based upon your own standard of fairness and your own decisions about what is best for your children and your family.PRIVATE SESSIONS The mediator may hold private sessions with either party only with
the consent of the other party and with the understanding that information gained in such private sessions will ordinarily
be shared in joint sessions. AMENDMENT OF RULES The mediator may amend these guidelines at any time provided, however,
that such amendment shall not apply to existing controversies which are in mediation at the time of such amendment.
Creative
Mediation Services for Shreveport - Bossier, Louisiana
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