Agreement to Mediate

This Agreement to Mediate governs participation in a live divviMediate session conducted through the Divvi platform. It supplements the Platform Terms of Use. Each party must review and accept this agreement before a mediation session is opened to both parties.

1. Neutrality

The mediator is neutral and represents neither party. The mediator does not provide legal advice, does not act as either party's attorney, and does not recommend that either party accept any particular term. Each party is encouraged to consult an independent licensed Utah attorney before, during, and after mediation, and especially before signing any agreement.

2. Voluntary process

Mediation is voluntary. Any party may end the session at any time. No party is required to agree to anything, and nothing is binding unless and until both parties sign a written agreement and, where required, a court accepts or approves it.

3. Confidentiality

Utah law protects mediation communications (see Utah Code Title 78B, Chapter 10, and its successor provisions), but that protection has important exceptions. By participating, each party understands that:

• Mediation communications are confidential subject to the exceptions in Utah law, including circumstances involving signed agreements, legally required disclosures, threats, criminal activity, and safety concerns.
• Information indicating imminent harm, child abuse or neglect, or domestic violence may be reported as required or permitted by law.
• Divvi may disclose administrative information (such as attendance and whether a settlement was reached) as needed to operate the service and as required by law.
• The mediator and Divvi are not liable for disclosures required by law.

4. Recording, transcription, and artificial intelligence

Sessions may be recorded or transcribed only with the prior consent of both parties. Transcripts may be processed by Divvi's software, which may include artificial intelligence, to extract agreed terms and prepare documents. Neither party may record the session without consent. Divvi retains session records as described in the Privacy Notice and deletes them in accordance with its retention schedule.

5. Caucus (private) communications

In a caucus, the mediator (or the Divvi platform) speaks with one party separately. Private communications shared in a caucus are not disclosed to the other party without the sharing party's authorization, except as required by law or as needed to address a safety concern.

6. Safety

If either party discloses domestic violence, abuse, coercion, threats, or other safety concerns, Divvi and the mediator will take steps to address the concern, which may include providing crisis resources, terminating or restructuring the session, or declining to conduct a joint session. Divvi's mediators screen for domestic violence and coercive control before and during the process.

7. Agreement and enforceability

Any written agreement reached in mediation may require additional steps and court approval before it is enforceable. Divvi does not guarantee that a court will accept, approve, or enforce any agreement. Each party is encouraged to have the agreement reviewed by independent counsel before signing.

8. Fees, cancellation, and refunds

Mediation fees are set out at checkout and in the Refund & Cancellation Policy. Fees are non-refundable once the session has been opened to both parties. Rescheduling is available; missed sessions may be subject to a cancellation fee.

9. Complaints and termination

Either party may terminate mediation at any time. Complaints about a mediator or a session may be directed to Divvi at the contact address in the Terms of Use.

10. No attorney-client relationship

Participation in mediation does not create an attorney-client relationship between any party and Divvi, the mediator, or the other party.