Court Connected — Kate Hall, Collaborative Attorney and Mediator

Check in for court connected mediation

If you have a court order to mediate, please complete the following form to check in for mediation. This form must be completed within 7 business days of the court assigning your case to mediation.

If you do not check in for mediation, your appointment details will be sent to you via postal mail to the address on the mediation order. It is your responsibility to make sure those details are correct.

Please give Kate a call at 971-599-7217 if you have any questions or requests about the process in advance of your meeting.

Name

First Name

Last Name

Email

Phone

(###)

###

####

Are there any current court orders that prohibit contact between parents?

If the court has ordered no contact between parents, mediation will happen separately unless the court makes an exception for mediation to that order.

Court Connected Custody and Parenting Time Pre-Mediation Agreement

The participants understand and agree as follows: 1. Process. Custody and Parenting Time mediation is a short-term process designed to help participants create a child custody arrangement and/or a parenting time schedule that focuses on the needs of the child or children involved. No one other than the people named in the case (referred to in this document as “participants”) and the mediator will be present at or listen in on the mediation sessions except by written agreement of the mediator and the participants. Participants will meet together or separately with the mediator regularly, as appropriate (usually weekly or twice a month) until a parenting plan is agreed upon and finalized or either of the participants or the mediator ends mediation. If there is a restraining order or no contact order, the participants will immediately notify the mediator and will meet separately unless the order specifies mediation as an exception. 2. Participation. Participation in mediation is voluntary beyond the requirements imposed by the court. Participation must be in good faith, which includes the requirement that the participants must negotiate with the intent of achieving a durable resolution that is workable for everyone involved. This also means that participants agree to make or accept offers that they can commit to including in their court-ordered parenting plan. Participants agree to contact the mediator immediately if they have any safety concerns, questions about the process, or for any logistical accommodations. Participants will provide the mediator with current contact information and will check email and voicemail regularly during the mediation process. 3. Decisions. The mediator is not a judge and has no ability to make decisions for the participants. The mediator will facilitate discussion and may help generate options but will not make decisions for the participants. Kate Hall is a licensed attorney, but she is not the attorney or advocate for any participant and will not become the attorney for anyone after she has acted as mediator. The participants are encouraged to seek independent legal counsel outside of the mediation process to advise them during the process and to review any proposed mediation agreement before signing. 5. Confidentiality. All written and oral communications made in the course of mediation (including communication made prior to the signing of this agreement) are confidential, except as provided for below. The responsibility of confidentiality is ultimately the participants, and the mediator accepts no responsibility or liability for mediation communications that are disclosed by participants. Participants agree to not record the sessions or mediation communication. The mediator may communicate with any participant privately, in person, by phone, or by email if in the mediator's sole judgment such communication will facilitate resolution. Participants agree that no one will call the mediator to testify concerning the mediation, any statements or admissions made during the course of mediation, or any recollection of the mediator, or seek production of any written documents prepared or produced during the course of mediation. Exceptions: a. The mediator will submit the agreed upon parenting plan to the court and provide the court with information needed to bill the county. The mediator may submit draft plans to the court upon the court’s request or at the mediator’s discretion to avoid duplicating work for the court. The mediator may provide updates to the court describing the status of mediation but will not provide the judge with any reports about the negotiations. b. The participants agree that the mediator may discuss the mediation and any information disclosed by a participant to mediation with that person’s attorney. The participants agree that the mediator will also provide the participants’ attorneys with documents provided to the participants, including drafts of agreements and written summaries of proposals. c. The mediator will disclose otherwise confidential information where required by mandatory reporting law (for example, where the mediator suspects child or elder abuse, abuse of a person with a disability or a credible threat of imminent bodily harm). d. The mediator may disclose non-identifying information for the purpose of mediation research or educational presentations; and e. This agreement to mediate and any written agreement made and executed by the participants arising out of the mediation may be used in any related legal proceeding, unless the participants have agreed to the contrary in writing. The mediator may provide the court with any written drafts based on the mediator’s understanding of the verbal agreements of the participants if requested by the court. The mediator will let the court know how much time is spent on the case, whether there is a full, partial, or no agreement, whether the case is appropriate for mediation, and will disclose to the court (and may charge the court) if participant “fails to appear” for mediation, meaning that they give less than 24 hours or 1 business day advance notice before cancelling or rescheduling. f. The participants may meet with the mediator separately throughout the course of the mediation. In rare instances, the mediator may keep information disclosed by a participant during a separate session confidential if a participant specifically requests it and the mediator agrees, but the mediator will not keep confidential any information that impairs the mediator’s neutrality. This includes information that is likely to change the behavior or influence the decision-making process of the other participants to the mediation. The mediator will share information with the other participants if it appears, in the mediator’s sole discretion, that one participant is attempting to defraud another. 5. Scope and Fees. The County subsidizes up to 8 hours of mediation time related to custody and parenting time, which includes the mediator’s time spent drafting and/or administration time. If the participants elect to exceed the allotted time or would like to mediate issues that are outside of custody and parenting time, they may do at their own expense at the mediator’s current rate if the mediator agrees. Participants will never be billed directly without their express, informed consent. 6. Agreement. Any agreement reached in mediation may not be fully enforceable until reduced to writing, all participants indicate their assent to the writing, and the agreement is reviewed and approved by a court. If you have any questions about this, please do not submit this form and call 971-599-7217.

I have read, understand and agree to the Pre-Mediation Agreement.

If you would like to meet separately but do not have a court order prohibiting contact between parents, please ALSO notify Kate by email and complete this optional safety screening form. If you do not complete both forms, you will be assigned to mediation together. The answers you provide will not be used against the other parent.