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You agree to enter into this agreement to mediate using a Fairwell Guide. This agreement creates and clarifies the Fairwell mediation relationship. You are entering into mediation voluntarily and agree to be bound by the terms of this Agreement.
You also acknowledge and agree to be bound by the following rules:
1. SCOPE OF FAIRWELL MEDIATION – You shall submit to mediation all claims, demands, disputes, differences, and matters whatsoever that are related to your divorce between or among you and your spouse, relating to or arising from the dispute.
2. GOVERNING LAW – This agreement is governed by the Minnesota Civil Mediation Act §§572.31 et seq. and Rule 114 of the General Rules of Practice for District Courts.
3. Good Faith – You are to negotiate in good faith. You agree to be respectful to your spouse and to the Fairwell Guide at all times. You may refuse to divulge information, but you will not give false information. You will attend and will participate.
4. MINNESOTA CIVIL MEDIATION ACT/NOTICE OF MEDIATOR – You are advised as follows:
5. DUTIES OF FAIRWELL GUIDE – The Fairwell Guide shall review documents relating to the dispute together with the concerns and arguments of the parties. The Fairwell Guide shall bring his or her best skill and experience to assist the parties in resolving their dispute.
6. COOPERATION – You agree to cooperate in this process and to seek settlement. Neither party shall unreasonably delay or otherwise prevent or impede the Fairwell mediation.
7. DUTY TO MEET – The parties will attend all scheduled Fairwell mediation conferences. Requests to reschedule will be granted only for the most extraordinary and unforeseeable events. Any party requesting such a reschedule will also provide notice to other parties and will be responsible for rescheduling.
8. Confidentiality – You and the Fairwell Guide agree to the following confidentiality provisions:
9. FAIRWELL GUIDE QUALIFICATIONS – The Fairwell Guide is an experienced attorney who has received training in mediation skills. A Statement of Qualifications of the Fairwell Guide will be provided at the first Fairwell mediation session.
10. Termination of the FAIRWELL Mediation – Either party or the Fairwell Guide may terminate a particular Fairwell mediation session or the entire Fairwell mediation process at any time with or without cause. However, each party agrees to make reasonable and appropriate attempts to address in Fairwell mediation any problems which are causing him or her to desire to terminate mediation.
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