Terms of Service
Last updated: January 2025
Agreement to Terms
By accessing or using the Imaginal Mediation and Consulting website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.
Description of Services
Imaginal Mediation and Consulting provides mediation services for family, divorce, civil, business, estate, and inheritance disputes. Our services include:
- Initial consultations
- Mediation sessions
- Document preparation assistance
- Related consulting services
Nature of Mediation
Mediation is not legal representation. Our mediator serves as a neutral third party and does not represent either party in the mediation. The mediator cannot provide legal advice to either party.
We strongly recommend that each party consult with their own independent attorney before, during, and after the mediation process to ensure their legal rights are protected.
Confidentiality
Mediation communications are confidential and protected under Massachusetts law. All participants, including the mediator, agree to maintain confidentiality regarding all matters discussed during mediation, subject to the following exceptions:
- Information required to be disclosed by law
- Threats of imminent harm to self or others
- Suspected child abuse or neglect
- Information both parties agree in writing to disclose
Voluntary Participation
Participation in mediation is entirely voluntary. Any party may withdraw from mediation at any time. The mediator may also suspend or terminate mediation if, in their professional judgment, continuing would not be productive or appropriate.
Fees and Payment
Mediation fees will be discussed and agreed upon before services begin. Payment terms include:
- Initial consultations are provided free of charge
- Mediation session fees are typically shared equally between parties unless otherwise agreed
- Payment is due as specified in your mediation agreement
- Cancellation policies will be outlined in your service agreement
No Guarantee of Outcome
We do not guarantee any particular outcome from mediation. The success of mediation depends on the good faith participation of all parties. Any agreement reached is the result of the parties' own decisions.
Website Use
By using our website, you agree to:
- Provide accurate information when submitting forms
- Not use the website for any unlawful purpose
- Not attempt to gain unauthorized access to any part of the website
- Not interfere with the proper functioning of the website
Intellectual Property
All content on this website, including text, graphics, logos, and images, is the property of Imaginal Mediation and Consulting and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.
Limitation of Liability
To the fullest extent permitted by law, Imaginal Mediation and Consulting shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services.
Indemnification
You agree to indemnify and hold harmless Imaginal Mediation and Consulting from any claims, damages, or expenses arising from your use of our website or services, or your violation of these terms.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.
Dispute Resolution
Any disputes arising from these terms or your use of our services shall first be addressed through mediation. If mediation is unsuccessful, disputes shall be resolved through binding arbitration in Massachusetts.
Changes to Terms
We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the website. Your continued use of our website or services after changes are posted constitutes your acceptance of the modified terms.
Severability
If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Contact Information
If you have questions about these Terms of Service, please contact us at:
Imaginal Mediation and Consulting
Email: info@imaginalmediation.com
Phone: (XXX) XXX-XXXX