I. MEDIATION SESSIONS
The fee for each mediation session is $____ per hour and the fee for each co-mediation session is $___ per hour. Time is charged to the nearest sixth of an hour. Appointments not canceled at least 24 hours in advance will be billed for one hour.
II. DIVORCE MEDIATION AGREEMENT, RELATED COURT DOCUMENTS, AND OTHER OUT-OF-SESSION WORK
All work done on your behalf, including but not limited to the following, will be billed at either $ per___hour for individual time or $___ per hour for co-mediation time:
Drafting of the Divorce Documents
All consultation between mediator and attorneys in regard to this case
Consultation between mediator and outside experts in regard to this case
Completion of all required Court forms
Computer analysis of financial data
Telephone calls, E-Mail, Texts and FAXes relating to the scheduling of appointments will not be billed. The first five of the combined total of Telephone calls/E-Mail/Texts/FAXes will not be billed. After the first five combined Telephone calls, E-Mails, Texts and FAXes they will be billed at a minimum of $__ for each Telephone call, E-Mail, Text and FAX.
The mediators will respond to messages within 24 hours during regular business hours. For
emergency situations, please call 911, protective services, or the appropriate authorities.
We (check one) □ do not object □ object to Zoom transcript being made of the mediation sessions. We agree that if there is a transcript it is the work product of Mary G. Marcus and Walter Marcus and we agree not to request or subpoena the transcripts. In lieu of the transcript we (check one) □ request □ we don’t request a summary email of the mediation session at the cost of $___ per summary email.
We agree that there will be either an available balance of the advance payment of $___ or we will pay $___ prior to being sent the first draft of the Memorandum of Understanding and Consent Decree. We understand that we will not receive or sign the documents until the amount due is paid.
III. FILING FEES
Petition with no response by Respondent:
$274.00 with no minor children
$319.00 with minor children (includes $45 fee for Parenting Information Class)
$199.00 response fee
IV. FINANCIAL RESPONSIBILITY
We agree to pay as stated in the attached schedule. We understand that sessions will not be held if the amount due has not been paid.
V. Certified Legal Document Preparer
Mary G. Marcus and Walter Marcus are not lawyers in the State of Arizona and are not employed by lawyers. They cannot give legal advice. Communications with Mary G. Marcus and Walter Marcus as certified legal document preparers are not privileged but such information shall treated as confidential. The communications with Mary G. Marcus and Walter Marcus as mediators is privileged pursuant to A.R. S. 12-2238.
VI. Responsibility for Mediation Fees (Check One)
□ WIFE/HUSBAND will accept sole responsibility for all costs of the mediation and will be paid any refund.
□ HUSBAND and WIFE will share equally all costs of the mediation and from joint funds/individual funds and will be paid any refund.
□ WIFE and HUSBAND will share all costs of the mediation and will be paid any refund according to the following percentages: Husband and Wife.
We have read, understand, and agree to be bound by the above Fee Agreement.
Dated: ______________
HUSBAND ______________
Dated: ______________
WIFE ______________
RETAINER OPTION
We agree to pay $______ in advance which will be applied against the hourly rate and costs. We understand that in addition to the time during the session this may include the court filing fee of $ and work done by you outside the session that may include telephone calls, email, correspondence and preparation of documents. We understand that we will be billed for an additional advanced payment should the original payment be depleted and will be refunded any retainer that is not used on the same basis as we assumed responsibility for the retainer in the fee agreement. We also understand that we will be given a $______ credit for paying in advance.
We agree that there will be either an available balance of the advance payment of $______ or we will pay $______ prior to being sent the first draft of the Divorce Agreement and to have a sufficient available balance of the advanced payment to pay the balance due or to pay the balance due upon the signing of the final documents. We understand that we will not receive or sign the documents until the amount due is paid.
We further understand that no sessions will take place or work will be done if the above payment schedule has not been maintained.
PAY AS YOU GO OPTION
We agree to pay the balance due at the end of each session. We understand that in addition to the time during the session, we will be billed for the court filing fee of $______ and work done by you outside the session that may include telephone calls, email, correspondence and preparation of documents.
We agree that there will be either an available balance of the advance payment of $______ or we will pay $______ prior to being sent the first draft of the Divorce Agreement and to have a sufficient available balance of the advanced payment to pay the balance due or to pay the balance due upon the signing of the final documents. We understand that we will not receive or sign the documents until the amount due is paid.