Form 2-21

Letter to Client Before Mediation

[Date]

[Name and address of client]

Re: [style of case]

[Salutation]

I am writing regarding our mediation with [name] on [date] at [time]. Please contact the mediator’s office at [address] twenty-four hours before mediation to pay the mediation fee of $[amount].

Mediation is an informal process by which an impartial third party, the mediator, helps people facilitate a mutually acceptable agreement, rather than going to court and having a judge or jury decide the case. Mediation is confidential, which generally means that any com­munications made during mediation are not subject to disclosure and may not be used as evi­dence if the case is resolved in court. This means that no one who participates in the mediation, including the mediator, can be required to testify in court about what was said or offered during the mediation. You have the right to ask the mediator to keep specified infor­mation confidential until you give the mediator the authority to share that specific information with the opposing party.

If the mediation results in a settlement, the mediator will put the settlement agreement into a written legal document called a mediated settlement agreement, often referred to as an “MSA.” An MSA is a powerful legal document that, once signed, is generally irrevocable and cannot be changed. Therefore, it is important for the MSA to be comprehensive and to fully resolve all issues in your case. Once you sign an MSA, you cannot change the agreement if you later decide that you no longer like the terms or realize that something was accidentally left out of the agreement. Accordingly, please read the MSA carefully to be certain that it addresses all issues related to your case before you sign it.

No one can force you to settle your case in mediation. Your case will not be settled and an MSA will not be signed at mediation unless you agree and choose to sign the MSA volun­tarily. Please understand that family law mediation can be stressful and emotional, and it often requires parties to make difficult decisions quickly and under challenging circumstances.

The mediator may speak bluntly to both parties about the strengths and weaknesses of their cases to expose weakness and facilitate a settlement without going to court. I will also give you my objective assessment and advice during the mediation, including my opinion of the settlement terms that I believe are reasonable based on the facts, law, and other circum­stances applicable to your case. During the mediation, I or the mediator will assess the ranges of possible outcomes that could happen if the case does not settle and whether settlement at mediation is the best option for you. You may feel pressured; however, as we have discussed, you always have the right not to settle your case at mediation and to let your case be decided in court, which could result in either a better or a worse outcome than what you could have agreed to at mediation.

Sincerely yours,

   
[Name of attorney]