DIVORCE MEDIATION RETAINER AGREEMENT

The Parties wish to use mediation to resolve the issues necessary to complete their divorce by mutual agreement.

The Mediator will serve as a neutral third party and will assist the Parties in communicating, identifying the issues that must be resolved, considering possible solutions, and reaching agreements acceptable to both Parties.

The Mediator does not represent either Party and does not make decisions for the Parties.

The total fee for the divorce mediation services described in this Agreement is a flat fee of $2,000.

The $2,000 flat fee includes:

• All mediation sessions reasonably necessary to complete the mediation;
• Preparation of the Parties' mediated settlement agreement;
• Preparation of all documents ordinarily required to complete an uncontested divorce based upon the Parties' mediated agreement;
• Ordinary county court filing fees required to file the divorce proceeding; and
• Coordination of the preparation and filing of the documents necessary to complete the uncontested divorce.

There will be no hourly mediation charges in addition to the $2,000 flat fee for services covered by this Agreement.

The flat fee does not include extraordinary expenses or services arising from contested court proceedings, appeals, expert witnesses, appraisals, forensic accounting, discovery disputes, or other services outside the ordinary mediation and uncontested divorce process.

Any additional service or expense outside the scope of this Agreement will be discussed with the Parties before the expense is incurred.

Michael D. Levin serves solely as a mediator.

Michael D. Levin is not acting as an attorney for either Party and does not provide legal advice or legal representation to either Party.

The Mediator remains neutral throughout the mediation process. Each Party has the right to consult with an independent attorney of his or her choosing at any time before, during, or after mediation.

As part of the $2,000 flat fee, the documents ordinarily necessary to complete the Parties' uncontested divorce will be prepared and coordinated for filing.

Where a document is required to be prepared or reviewed by an attorney, that work will be performed by an attorney licensed in the appropriate jurisdiction.

The ordinary cost of such document preparation necessary to complete the uncontested divorce is included in the $2,000 flat fee.

When Michael D. Levin reduces the Parties' agreements to writing, he acts solely as a scrivener, recording the agreements voluntarily reached by the Parties. He does not provide legal advice concerning those agreements.

Mediation is voluntary.

Neither Party will be forced to accept any proposed settlement or agreement. A settlement is reached only when both Parties voluntarily agree to its terms.

The Mediator does not act as a judge and has no authority to impose a decision upon either Party.

Each Party remains responsible for deciding whether any proposed agreement is acceptable to him or her.

Each Party agrees to provide complete and truthful information regarding income, expenses, assets, debts, property, and any other information reasonably necessary to complete the mediation.

The Mediator is entitled to rely upon the information supplied by the Parties and is not responsible for independently investigating or verifying the information provided.

Each Party understands that failure to disclose material financial or other information may affect the validity or enforceability of any resulting agreement.

The Parties understand that mediation is intended to be a private and confidential process to the extent provided by applicable law.

Information disclosed during mediation will be handled in accordance with the confidentiality requirements applicable in the jurisdiction in which the mediation occurs.

The Parties understand that confidentiality requirements and exceptions may vary by jurisdiction.

If, after completing the first two mediation sessions, the Parties decide that they would like to attempt to reconcile their marriage rather than proceed with their divorce, they may discontinue the divorce mediation process and engage Michael D. Levin for relationship reconciliation and guidance sessions.

In that event, the $2,000 flat divorce mediation fee will be applied as a credit toward reconciliation and relationship guidance sessions at the rate of $250 per hour/session until the $2,000 credit has been exhausted.

If the Parties require additional reconciliation or relationship guidance sessions after the $2,000 credit has been exhausted, those additional sessions will be billed at $250 per hour/session.

The $2,000 flat fee is not refundable in cash and may only be applied as a credit as provided in this Section.

If the Parties later decide to resume the divorce process, the terms and fees for any additional divorce mediation, document preparation, court filing fees, or related services will be discussed and agreed upon at that time.

Either Party may terminate mediation at any time.

The Mediator may also terminate or suspend mediation if the Mediator determines that mediation is no longer appropriate, productive, safe, or likely to result in a voluntary agreement.

The Parties understand and agree that the $2,000 flat fee becomes fully earned and non-refundable upon completion of the first mediation session.

Accordingly, there will be no refund of any portion of the $2,000 flat fee after the first mediation session has occurred, regardless of whether the Parties subsequently discontinue mediation, retain attorneys, decide not to proceed with the divorce, or otherwise choose not to complete the mediation process.

The reconciliation credit described in Section 8 is an exception to this provision and does not constitute a cash refund.

If the mediation is cancelled before the first mediation session occurs, any refund will be reduced by any court filing fees, document preparation costs, attorney costs, or other third-party expenses already incurred on behalf of the Parties.

The Mediator cannot and does not guarantee that the Parties will reach an agreement or that a court will approve any particular agreement or document.

All final agreements and divorce documents remain subject to any review or approval required by the court having jurisdiction over the divorce.

The Mediator cannot guarantee the amount of time required by a court to process or approve the Parties' divorce.

The Parties understand that the Mediator cannot provide legal advice to either Party.

Each Party has the right to have an independent attorney review any proposed settlement agreement or other documents before signing them.

The decision whether to obtain independent legal advice belongs solely to each Party.

The Parties agree to cooperate in completing and signing documents reasonably necessary to carry out their mediated agreement and complete the uncontested divorce.

The Parties also agree to provide requested information and documentation in a reasonably timely manner so that the mediation and document preparation process can proceed efficiently.

This Agreement contains the complete understanding between the Parties and the Mediator concerning the mediation services described herein.

Any modification to this Agreement must be made in writing and agreed to by the Parties and the Mediator.

By signing below, the Parties acknowledge that they have read and understand this Agreement.

The Parties specifically acknowledge that:

• Michael D. Levin is acting as a mediator and not as an attorney for either Party;
• The total flat fee is $2,000, subject to the terms of this Agreement;
• The $2,000 includes ordinary county filing fees and the documents ordinarily required to complete an uncontested divorce;
• The fee becomes non-refundable after completion of the first mediation session;
• If the Parties elect to pursue reconciliation after completing the first two mediation sessions, the $2,000 may be applied toward reconciliation and relationship guidance sessions as provided in Section 8; and
• Each Party has the right to seek independent legal advice at any time.

The Parties voluntarily agree to participate in mediation under the terms of this Agreement.