__________________________________ (husband)

and ______________________________ (wife) agree to employ the services of BELINDA ETEZAD RACHMAN to mediate the issues arising out of their family law matter. Although I am an attorney, for our purposes I am not acting as an attorney for either party nor am I acting as an attorney for both parties. Instead, it is my role as a Mediator to provide each party, in the presence of the other with the information necessary to allow each party to make informed decisions regarding the marital issues to be resolved. This will set forth the terms under which I serve my clients and will act as our fee agreement. If you wish to retain me, please sign this copy.
There are so many fee disputes in the family law area that I want to make sure all my clients understand how fees will be charged. My work is performed on a daily basis. I will be handling your dissolution, custody or support mediation matter but this does not mean I will handle any subsequent appeals or collection of any judgment you may get. Since I am not representing either of you but only acting as a mediator, should you later need to hire an attorney, I will never be able to represent either of you. If you have legal problems, I can provide you with referrals. All fees are charged on a daily basis at a rate of $3,500.00 per 8 hour day.
You are responsible for your own court costs, which are things like filing fees and recording fees. There are no refunds when your matter resolves in less than 8 hours. My daily rate will be applied to all the work I perform for you. That includes telephone calls, letters, conferences, travel, preparation of documents, pleadings and all other work I perform for you. You will pay a non-refundable retainer of $1,500.00 prior to coming in for your appointment, which will reserve that day for you. On the day of the appointment, you will pay the balance of $2,000 which is the fee to cover the first eight hour's work and might not cover all the work that needs to be done on your case. If we do not conclude your matter in one day, you will be billed as the work is performed on an hourly basis of $350.00 an hour and you must remain current on your account. For your information, only three cases have ever gone over 8 hours. I had one case that went 9 hours. Most settle between 4.5 and 7 hours.
You will receive documents from me. It is your responsibility to review them to make sure all the information is correct. If you keep all your papers in chronological order it will be easier to refer back to them and you may not need to phone in with a question. The parties embrace the concept that a full and open exchange of information between the parties, including a description of the full range of rights and responsibilities of each party under the law, is the most effective way to create a foundation for constructive negotiating. Independent expert opinion may be necessary to establish a factual basis with respect to particular issues (such as the value of a business, parcel of real property, pension plan, etc.). In that event the parties will discuss and make an agreement upon an appropriate method of obtaining that independent information. The objective is to have the parties deal directly with the persons providing the independent expert analysis in order to have the most direct access possible to the information. In the event that the parties choose to obtain additional independent expert opinions or separate expert opinions, the parties agree to share these opinions in the mediation sessions in order to more fully explore the range of options available to each. In this context, the Mediator will use her knowledge, skills, and legal background in attempting to mediate a settlement between the parties by providing a safe and constructive environment for negotiating.
The parties understand that there may be complex legal questions, including, but not limited to issues relating to the valuation of assets and liabilities as well as tax consequences relating to division of assets and liabilities. In addition to the use of independent expert opinion, as described above, the parties are encouraged to obtain independent legal advice, tax, accounting and financial advice regarding the issues they will be negotiating. Specifically, the parties are advised to seek such independent and expert advice prior to signing final written agreement. It is also understood that the Mediator shall not be responsible for the value set on any item of property set forth in the agreement of the parties and that each party is free to obtain an appraisal of any item of community or separate property. Both parties agree to make a full disclosure to each other and to the Mediator of all property and income in which they have an interest and all liabilities for which they have an obligation. Both parties understand that the Mediator will fully disclose to the other party any and all conversations had between the Mediator and either party.
The mediation sessions necessitate the setting aside of a block appointment of 8 hours. In the event of a missed appointment or an appointment canceled with less than twenty four hours notice, the clients shall forfeit their $1,500 deposit to partially cover the loss of income that will result from the mediator not booking another couple on the missed day. Following the execution of the agreement, the parties may have questions regarding enforcement in terms of the Agreement and or Judgment. The parties understand that it is the responsibility of each, not of the Mediator, to see to it that the other party carries out the terms and conditions of the agreement or judgment. The parties agree to seek advice of their own counsel regarding any questions they may have which are not answered in mediation, which relate to the enforcement of the executed agreement, or regarding review of the final draft of the agreement before it is signed. The parties agree that the purpose of mediation is to resolve their differences in a non-adversarial environment. In the event that mediation terminates without resolving all issues, the parties agree that statements made by each other in mediation shall be considered confidential and shall not be used as evidence in any subsequent legal proceeding. Specifically, it is agreed that the following portions of Evidence Code Section 1152.5 shall apply to this Agreement: Subject to the conditions and exceptions provided in this section, when persons agree to conduct and participate in a mediation for the purpose of compromising, settling, or resolving a dispute, evidence of anything said or of any admission made in the course of the mediation is not admissible in evidence, and disclosure of any such evidence shall not be compelled, in any civil action in which, pursuant to law, testimony can be compelled to be given.
In case of a dispute between the parties to invalidate the MSA or Judgment, any document prepared for the purpose of, or in the course of, or pursuant to, the mediation, or copy thereof, is admissible in evidence, and disclosure of any such document can be compelled, in any civil action in which, pursuant to law, testimony can be compelled to be given. The above does not limit the admissibility of evidence if all persons who conducted or otherwise participated in the mediation consent to its disclosure.
Should we have a dispute, the parties agree to mediate the dispute through the facilities at Lifeline in Vista, California, with each of us paying a third of the costs. If the dispute can not be settled through mediation, you agree to binding arbitration. I will not predict the maximum fee or the outcome of any pending or prospective proceeding. Should marital issues arise in the future that are related to this mediation, the mediator will not be responsible for resolving those issues, giving refunds or changing any legal documents should the parties wish to seek the services of their own lawyers. It is suggested that any problems in the future be resolved by returning to mediation and trying to resolve issues in a non-adversarial atmosphere. It is not unusual for the court to reject a filing and return the papers to the Petitioner. If that happens, the mediator shall be responsible for correcting any returned documents for no extra charge. I understand the rates, how I am to be billed and agree to abide by all the terms of this agreement.

Husband signs ____________________________________

Wife signs _______________________________________

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