Informed Consent Policy for Mediation
Effective Date: October 1, 2023
Maryland Center for Mediation, Counseling, and Coaching, LLC
Mediation is a voluntary and confidential process where a neutral third party facilitates discussions between disputing parties to help them reach a mutually acceptable agreement. This Informed Consent Policy outlines the rights, responsibilities, and expectations for all participants in the mediation process.
1. Nature and Scope of Mediation
- Mediation is a collaborative process aimed at resolving disputes through dialogue and negotiation.
- The mediator does not provide legal advice, make decisions for the parties, or act as a judge or arbitrator.
- The success of mediation depends on the willingness of both parties to participate in good faith.
2. Confidentiality
- Mediation sessions are confidential, and all communications made during mediation cannot be disclosed in court or other legal proceedings unless:
- Required by law (e.g., allegations of abuse, threats of harm, or criminal activity).
- Both parties agree in writing to waive confidentiality for specific purposes.
- The mediator may consult with other professionals (e.g., attorneys) only with the parties’ written consent and without disclosing identifying details.
3. Voluntary Participation
- Participation in mediation is entirely voluntary, and either party may choose to terminate the process at any time.
- Continuing mediation does not waive the parties’ right to pursue other legal remedies if mediation does not result in an agreement.
4. Role of the Mediator
- The mediator will:
- Remain neutral and impartial throughout the process.
- Facilitate constructive communication between parties.
- Ensure a fair process without bias or favoritism.
5. Fees and Costs
- Mediation fees will be agreed upon before the first session and are non-refundable. Payment is due as outlined in the mediation agreement.
- Any additional costs (e.g., document preparation, extended sessions) will be discussed and agreed upon in advance.
6. Client Responsibilities
- Parties are expected to:
- Engage in the process respectfully and in good faith.
- Share relevant information openly to facilitate resolution.
- Understand that agreements reached during mediation are not legally binding unless formalized in a written contract or court order.
7. Risks and Limitations
- Mediation may not resolve all disputes or lead to an agreement. The mediator cannot guarantee specific outcomes. Mediators are not attorneys are lawyers, We do not provide legal advice.
- Discussions may bring up sensitive or emotional topics, but the mediator will work to maintain a respectful and safe environment.
8. Consent
By engaging in our services, and reviewing this document, you acknowledge that you have read, understood, and agreed to the terms outlined above. You consent to participate in mediation services with the understanding of its scope, risks, and benefits.
