The Family Home Session – Terms & Conditions

Terms and Conditions — Family Home Mediation Session


By submitting the intake form, both parties acknowledge and agree to the following:

  1. Scope of Session. This mediation session addresses the disposition of the primary marital residence only. Any agreement reached during this session applies solely to the family home and does not constitute a comprehensive marital settlement agreement or resolve any other matters arising from the marriage.
  2. Voluntary Participation. Both spouses are participating in this session willingly and of their own free will. Either party may withdraw from the session at any time.
  3. Non-Refundable Fee. The session fee is non-refundable, regardless of whether the session results in an agreement.
  4. No Guarantee of Outcome. Equitable Mediation Services does not guarantee that this session will result in a resolution. Mediation is a facilitated negotiation process, and any agreement reached is the product of the parties’ own decisions.
  5. We Are Not Your Lawyers. Equitable Mediation Services and its mediators are not attorneys and do not provide legal advice. We strongly encourage both parties to consult with independent legal counsel before finalizing any agreement arising from this session.
  6. Session Notes. Following the session, Equitable Mediation Services will provide both parties with a written summary of the key points discussed. These notes are provided as a convenience only and do not constitute a formal Memorandum of Understanding, Marital Settlement Agreement, or any other legally binding document. The parties are responsible for taking the appropriate next steps to make any agreement legally binding, whether on their own or with the assistance of an attorney.
  7. Confidentiality. All communications made during this mediation session are confidential and are protected by mediation privilege under California law, including California Evidence Code §§ 1115–1128. Nothing discussed during the session may be used as evidence in any subsequent legal proceeding.
  8. No Recording. Neither party may record this session — by any means, audio or video — without the prior written consent of both the other party and Equitable Mediation Services.
  9. Authority to Submit. If only one party is completing this form, that party represents and warrants that they have shared these Terms and Conditions with their spouse or partner, that both parties have reviewed and discussed them, and that they have authority to submit this form on behalf of both parties. Both parties will be asked to verbally confirm their agreement to these terms at the outset of the mediation session.
  10. Governing Law. These Terms and Conditions are governed by the laws of the State of California.