Mediation generally requires 10 to 20 hours for completion. The parents must determine prior to mediation how costs will be divided between them. This is not a matter for the mediator to determine.
Lawyers and parties also agree not bring any actions for damages or any other claims of any kind or character against Jessica Biren Caverly for any acts or omissions in the course of carrying out her duties. Lawyers and parties agree to waive any and all rights to address any issue against Jessica Biren Caverly through any Court or any other process not here specifically contemplated in this or any other jurisdiction.
Jessica Biren Caverly shall be entitled to retain independent legal counsel and to be compensated for the cost thereof on a substantial indemnity basis in circumstances where in his sole and arbitrary determination, his integrity, independence, and quality of service are called into question or in any circumstance where he is required to attend and answer questions in accordance with any subpoena, Order or any other request, whether requiring attendance in person or by any other means such as correspondence, fax, email or telephone.
Information will be shared only upon written consent except where there is risk of harm to self or another person, or as required by law as it pertains to child protection matters. There is no recording or posting of content or comments in any form or media by clients or their proxy although Jessica Biren Caverly may record any/all conversations at his discretion solely for accountability purposes in the event an issue with service arises. The service record is the property of Jessica Biren Caverly. Information obtained about persons served shall be used for service purposes, payment collection and/or, satisfaction surveys. Non-identifying information may be used for statistical, research or teaching purposes.
Parents should be aware that the opinion of a mediator may be influential in a court proceeding. Dr. Biren Caverly has each parent sign a disclosure agreement which prohibits her from being able to testify in Court about the mediation process. This is called a closed mediation, which means that any activity, outcomes or views of the mediator are sealed and not allowed for use in a court or arbitration process. Apart from reports noted above, Jessica Biren Caverly and/or her records cannot be used for court or arbitration purposes.
Only a Memorandum of Understanding or brief report stating an agreement has not been reached (or combination thereof) can be used for court purposes.