Disclosure, Consent, and Mediator Neutrality Agreement
New Resolve Mediation Program
SECTION 1: NATURE AND PURPOSE OF MEDIATION
The undersigned participants (“Participants”) voluntarily agree to participate in non-attorney mediation as part of a Texas uncontested divorce process through New Resolve Legal.
The Participants understand and agree that mediation is a voluntary, facilitative process intended to assist in communication, identification of issues, and exploration of mutually acceptable resolutions related to their divorce.
Mediation:
- Is not legal representation
- Is not legal advice
- Does not guarantee that an agreement will be reached
- Does not guarantee court approval or divorce finalization
SECTION 2: MEDIATOR DISCLOSURE AND ROLE
The Participants acknowledge and understand that:
- The Mediator is not an attorney
- The Mediator does not represent either Participant
- The Mediator does not provide legal advice, legal opinions, or legal strategy
- The Mediator does not draft legal documents for either Participant
- The Mediator does not advocate for either Participant
The Mediator’s role is strictly limited to facilitating communication, helping identify issues, and supporting voluntary agreement between the Participants.
SECTION 3: MEDIATOR NEUTRALITY AND IMPARTIALITY
The Mediator affirms, and the Participants acknowledge, the following:
3.1 Neutral Role
The Mediator is a neutral and impartial facilitator and does not take sides or favor either Participant.
3.2 Equal Treatment
The Mediator will treat both Participants fairly and respectfully and provide each Participant an equal opportunity to participate.
3.3 No Decision-Making Authority
The Mediator has no authority to impose decisions, compel settlement, or determine outcomes.
3.4 Conflicts of Interest
The Mediator affirms that no known conflict of interest exists that would impair neutrality. Any potential conflict that arises will be disclosed promptly.
SECTION 4: NO ATTORNEY-CLIENT RELATIONSHIP; INDEPENDENT COUNSEL
The Participants acknowledge and agree that:
- No attorney-client relationship is created by participation in mediation
- No legal representation is provided by the Mediator or the Company
- Each Participant has the right to consult with a licensed Texas attorney at any time, before, during, or after mediation
Each Participant is solely responsible for understanding the legal consequences of any decisions or agreements made.
SECTION 5: VOLUNTARY PARTICIPATION AND GOOD FAITH
Participation in mediation is voluntary. Either Participant may suspend or terminate mediation at any time.
Any agreement reached during mediation is voluntary and becomes binding only if and when the Participants independently choose to enter into a written agreement and submit appropriate documents to a Texas court.
SECTION 6: CONFIDENTIALITY
To the extent permitted by Texas law, mediation communications are intended to be confidential.
Participants understand that confidentiality:
- Is governed by applicable Texas law
- May be subject to court interpretation
- Does not apply in all circumstances
Confidentiality may not apply to, including but not limited to:
- Disclosures required by law
- Threats of harm or violence
- Abuse or neglect of a child
- Information obtained outside of mediation
No guarantee is made that mediation communications will be protected from disclosure in all circumstances.
SECTION 7: NO GUARANTEE OF OUTCOME
The Participants understand and agree that:
- Mediation may not result in full or partial agreement
- The divorce may become contested
- Any agreement reached may be rejected or modified by a Texas court
Court approval is outside the control of the Mediator and the Company.
SECTION 8: ASSUMPTION OF RISK
Each Participant knowingly and voluntarily assumes all risks associated with mediation, including emotional, financial, and legal consequences resulting from decisions made during or after the mediation process.
SECTION 9: FEES, NO REFUNDS, AND PAYMENT TERMS
All mediation fees are non-refundable, regardless of outcome, termination, or conversion to a contested divorce.
No refunds, credits, or fee adjustments will be issued for any reason.
SECTION 10: INCORPORATION OF TERMS AND RELATED AGREEMENTS
Participation in mediation is subject to, and governed by, the following documents, which are incorporated herein by reference:
Participants acknowledge that they have reviewed and agreed to these documents as a condition of mediation participation.
SECTION 11: GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
SIGNATURES AND ACKNOWLEDGMENTS
By signing below, each Participant acknowledges that they have read, understood, and voluntarily agree to the terms of this Agreement.
PARTICIPANT A
Name: ______________________________
Signature: __________________________
Date: ______________________________
PARTICIPANT B
Name: ______________________________
Signature: __________________________
Date: ______________________________
MEDIATOR ACKNOWLEDGMENT
By signing below, the Mediator affirms neutrality, impartiality, and compliance with the disclosures set forth above.
Mediator Name: ______________________
Signature: __________________________
Date: ______________________________