Radically Engaged LLC ("Mediator," "I," "me"), through its Modern Mediator™ services, provides mediation services to individuals and parties ("you," "the parties") on the terms below. By purchasing a retainer and engaging in mediation, you agree to these Terms.
Unlike litigation or arbitration — where a judge or arbitrator decides your outcome for you — mediation keeps the decision where it belongs: with you. Rather than having a resolution imposed, you and the other party come together, with a neutral guide, to shape an agreement of your own making. That is the quiet power of this process. The people closest to the conflict are almost always the ones best positioned to resolve it, and the agreements you build yourselves are the ones most likely to last.
Mediation is a voluntary, supportive process in which you reach your own decisions with a neutral guide. Purchasing a retainer reserves your mediation and does not, by itself, guarantee a specific outcome.
Mediation is voluntary. Either party may pause or end a session at any time. The Mediator is a neutral third party and does not represent, advocate for, or provide legal advice to either party. The Mediator does not decide the outcome, does not guarantee that the parties will reach an agreement, and does not guarantee that any agreement reached will resolve the underlying dispute or hold up if later challenged.
Nothing said or provided by the Mediator constitutes legal, financial, tax, or psychological advice. No attorney-client relationship is created between the Mediator and any party, even where the Mediator is licensed to practice law in another context. You are encouraged to consult your own independent attorney before, during, and especially before signing any agreement reached in mediation — this is particularly important in family or divorce mediation, where a mediated agreement affecting property, support, or parenting time may need to be reviewed by independent counsel and approved by a court before it is legally binding.
The Mediator will disclose any known conflict of interest or relevant background before the mediation begins, consistent with Utah Code § 78B-10-109.
Appropriateness of Mediation. The Mediator may decline to begin, or may pause or end, a mediation at any point if the Mediator determines that a safety concern, significant power imbalance, or other factor makes mediation inappropriate or unsafe to continue. This applies with particular attention in family mediation matters.
Mediation communications in this process are governed by the Utah Uniform Mediation Act, Utah Code § 78B-10-101 et seq. In general, statements made for purposes of the mediation are privileged and protected from disclosure or use as evidence in a later court or administrative proceeding, subject to the exceptions built into that law — including but not limited to situations involving a threat of bodily harm, allegations of abuse or neglect subject to mandatory reporting, or a proceeding to prove or disprove professional misconduct by the Mediator. Confidentiality can be waived by the parties in some circumstances but not where the law makes an exception mandatory. Any written settlement agreement the parties sign is generally not confidential in the same way, since its purpose is to be relied upon and, where applicable, filed with a court.
Your retainer reserves your place on my calendar and is the first step toward your mediation. It secures a dedicated block of time for your session and covers your first two hours of mediation, applied in full toward that time.
If the parties reach an agreement, it will be put in writing. The Mediator strongly recommends that each party have the written agreement reviewed by independent legal counsel before signing, particularly where the agreement affects legal rights, property, custody, or support. The Mediator is not responsible for drafting a legally enforceable agreement on either party's behalf, and does not guarantee that any agreement reached will be upheld if challenged.
MEDIATION SERVICES ARE PROVIDED "AS IS." THE MEDIATOR DOES NOT GUARANTEE THAT THE PARTIES WILL REACH AGREEMENT, THAT ANY AGREEMENT REACHED WILL RESOLVE THE UNDERLYING DISPUTE, OR THAT ANY RESULTING AGREEMENT WILL BE ENFORCEABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MEDIATOR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR PARTICIPATION IN MEDIATION. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW. Some states don't allow these exclusions, so parts of this section may not apply to you.
This Agreement is governed by the laws of the State of Utah. Any dispute about these Terms or the retainer itself (as distinct from the underlying matter you're mediating) will be resolved by binding arbitration under the Utah Uniform Arbitration Act (Utah Code § 78B-11-101 et seq.), before a single arbitrator in Utah, on an individual basis. Before filing for arbitration, you agree to first send written notice to mm@mariannemackenzie.com so we have a chance to resolve it directly.
[Note: it's a fair question whether an arbitration clause belongs in a mediator's own service agreement — some practitioners in this field intentionally route ToU disputes to mediation first, to stay consistent with the brand. I carried over arbitration since that's what you specified for The Collective, but this is worth a deliberate yes/no rather than defaulting.]
This Agreement is the entire agreement between you and the Mediator regarding these Terms and supersedes any prior discussion on this subject. If any provision is found unenforceable, the rest remains in effect. Confidentiality, disclaimer, and dispute-resolution terms survive the end of the mediation.
By purchasing your retainer, you confirm that you have read, understood, and agree to these Terms, and that you understand mediation is voluntary and does not guarantee a specific outcome.
Contact: mm@mariannemackenzie.com Last updated: July 2026
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