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  Guidelines of Mediation



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MARCH MEDIATION
113 Blue Jay Dr., Ste 100
Liberty MO 64068
Ph: 800.595.9750
Ph: 816.792-9989
Fax: 816.792.8746

 

GUIDELINES OF MEDIATION

 
The following Guidelines of Mediation are principles that all parents must understand and consent to prior to mediating issues with M.A.R.C.H. Parents with questions about these guidelines may contact M.A.R.C.H. at (800) 595-9750. 
 
SAMPLE 
 
Because of the willingness of each of you to use mediation to attempt to resolve certain issues that concern you, the mediator has agreed to provide you with mediation services, subject to the conditions set out below. This document, when signed by each of you, becomes our agreement to mediate. 
 
A. THE MEDIATION PROCESS Mediation through M.A.R.C.H. is a process in which the mediator works with parents to constructively discuss issues involving their child(ren). The mediator is obligated to help both parents fully consider the best interests of their child(ren) and the consequences of any decision they reach. The mediator does not, however, have any authority to engage in fact finding or to make decisions about how issues will be resolved. Any agreement reached will be based solely on the decisions of the parents. 
 
B. FEES If you are actively receiving Family Support Division (IV-D), you are entitled to a maximum of four hours of mediation without charge. If you seek court approval of an agreement reached in mediation, you will be required to pay a fee. 
 
C. ROLE OF THE MEDIATOR The role of the mediator is to help you communicate with each other. The mediator must remain impartial in order to work with both of you effectively. The mediator is not acting as an attorney or counselor, and will not, under any circumstances, give legal advice or provide counseling to either parent. YOU ARE ADVISED TO OBTAIN INDEPENDENT LEGAL ADVICE. 
 
D. CONFIDENTIALITY OF THE MEDIATION PROCESS 
     
  1. Any communication relating to the subject matter of this dispute made during the mediation process by any person present at the mediation shall be a confidential communication. 
  2. Any statement made in setting up or conducting the mediation is not admissible as evidence and is subject to discovery only if obtainable by other means. 
  3. All notes and other documents relating to the mediation shall be confidential and shall not be subject to subpoena, discovery or other disclosure in any legal proceeding. 
  4. The mediator and those persons assisting the mediator shall not be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the mediation session. 
  5. Statistical data may be given to M.A.R.C.H. program evaluators for the sole purpose of determining the effectiveness of this mediation program. Parents will not be identified by name in any report or presentation. The right to privacy of all parents will be fully respected.  
  6. EXCEPTIONS to mediator confidentiality exist if the mediator reasonably believes that a threat of violence will result in death or serious bodily harm or if there has been unreported abuse or neglect of a child. In such situations the mediator is required to make a report to the appropriate authorities.  
 
E. IF YOU REACH AGREEMENT 
     
  1. Any understanding reached by the parents as a result of mediation will not be binding upon the parents until it is reduced to writing, signed by the parents and their attorneys, if any, and approved by the court. 
  2. In accordance with Missouri Supreme Court Rule 88.06 the mediator will make a written summary of any understanding reached by the parents, a copy of which will be provided to the parents and their attorneys, if any. The parents are advised to obtain legal assistance in drafting or reviewing any agreement before signing it. If a court order is desired and neither parent is represented, the mediator will forward the summary of understanding to an attorney retained by M.A.R.C.H. at no cost to the parents. The attorney will provide limited scope services for the purpose of preparing the necessary court documents for parents to submit to the court under the Pro Se (without an Attorney) process together with instructions on how to complete the court process and obtain the approval of their agreement by the court. 

 
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