THIS IS AN AGREEMENT FOR PARENTING COORDINATION SERVICES BETWEEN: Party One -and- Party Two -and- Susan Cook PRINCIPLES 1. The parents acknowledge that their children will benefit from a meaningful relationship with both parents, that parental conflict will impact negatively on their children’s adjustment, and that every effort should be made to keep the children out of the parent’s disputes. 2. The parents wish to retain the services of Susan Cook, as Parenting Coordinator (may subsequently be referred to as PC), to assist them in implementing, maintaining and monitoring the terms of the existing Minutes of Settlement (“Minutes”) (also referred to as the Parenting Plan), dated _______, and any subsequent Court Orders and previously arbitrated decisions. 3. The parents agree to voluntarily enter into this agreement because of a desire to: a. de-escalate parental conflict; b. prioritize the children’s best interests; c. promote the children’s optimum adjustment; d. resolve issues/disputes in a time and cost efficient manner; e. benefit from the direction of a qualified professional. ROLE AND OBJECTIVES OF THE PARENTING COORDINATOR 4. The parents agree to retain Susan Cook in her role as Parenting Coordinator to act as a neutral third party to expeditiously resolve issues that arise from the implementation of the Minutes (Parenting Plan) in a manner consistent with the children’s best interests and in a manner that attempts to minimize parental conflict. The Parenting Coordinator may provide consultation to the parents and may coach and educate them about ways to better communicate about the children and about ways to better communicate with each other, with a goal to helping the parents to ultimately resolve issues amicably and efficiently on their own without involving the Parenting Coordinator. 5. Parenting Coordination involves two components: (1) The Parenting Coordinator attempting to resolve issues arising out of the minutes/Parenting Plan through facilitation, consultation, coaching and education, all being non-decision making functions. (2) If it is apparent to the Parenting Coordinator that continued similar efforts are unlikely to resolve the issue, then the Parenting Coordinator may resolve the dispute by providing binding arbitration in accordance with the Minutes/Parenting Plan and as set out in the decision-making process of this agreement. 6. The non-decision making component as described in 5. above stands distinct from that typically referred to as “mediation”. Any efforts to “mediate” occur in the context of Parenting Coordination. 7. Susan Cook is a registered member of the Ontario College of Social Workers and Social Service Workers and Ontario Association for Family Mediation and has knowledge of child development, family dynamics and function that the parents wish to benefit from. Notwithstanding, she is not acting as a psychotherapist. PARENTING COORDINATION SERVICES 8. The Parenting Coordinator is not entitled to supercede the Minutes and any subsequent Court Orders. 9. The scope of the Parenting Coordinator’s role may include the following: a. assist with the implementation, maintenance and monitoring of the Minutes/Parenting Plan, court orders and/or arbitrated decisions; b. address any anticipated conflicts in the children’s scheduling that occur c. develop any additional clarifying clauses that may be required given situations and events that unfold that were not initially anticipated when the Parenting Plan was developed; d. monitor the children’s adjustment; e. assist in the maintenance of the children’s relationship with each parent; f. assist the parents to communicate more effectively; g. assist with the exchange of information about the children (i.e.), health, welfare, education and religion) and his/her routines that may be otherwise impossible and/or ineffective in accordance with the methods provided for in the Parenting Plan; h. make final decisions relating to “major” decisions (i.e., relating to education. Children welfare. Medical, and/or religion) if the parents are unable to come to a mutual agreement and if this method of dispute resolution is consistent with the Court Order and/or Parenting Plan; i. if necessary, make binding decisions pertaining to temporary changes to the usual and/ or holiday parenting time schedule to accommodate special events for the children and/or the parents; j. resolve conflicts between the parents concerning the children’s participation in recreation, enrichment or extra-curricular activities and programmes. k. address movement of clothing, equipment, toys and personal possessions between households; l. address children’s travel arrangements; m. clarify and resolve different interpretations of the Parenting Plan n. resolve conflicts concerning health care, education, passports, risky activities, religious education and events that are not otherwise allocated for in the Minutes/Parenting Plan. EXCLUDED FROM PARENTING COORDINATOR’S ROLE 10. The following specific issues are excluded from the Parenting Coordinator’s function and decision-making authority: a. changes in the usual parenting time (residential) schedule that substantially reduce substantially expand the children’s time with one or both parents; b. a change in the geographic residence of the children; c. a change in legal custody, i.e., decision-making authority previously outlined in the Minutes/Parenting Plan. TERMS AND AGREEMENT TO COOPERATE 11. The parents have stipulated to this appointment and the decision-making granted herein to the PC, and that Susan Cook has the requisite professional qualifications and professional skills to do the work required. 12. The parents shall cooperate with the Parenting Coordinator and agree to be bound by this agreement. 13. Each parent has obtained independent legal advice prior to the signing of this agreement. 14. The Parenting Coordinator and the parents shall set a time and place for an information meeting within seven (7) days of signing this agreement. 15. The parents will sign all releases of information required to implement the process. The parents shall provide all records, documentation and information requested by the Parenting Coordinator as soon as possible upon the request of the Parenting Coordinator from time to time. The Parenting Coordinator may not, however, request materials that are subject to solicitor and client privilege. 16. The parents agree that the Parenting Coordinator can perform the function of Parent Coordination, including both the decision-making and non-decision-making components as described above. They further agree that the fact that the Parenting Coordinator performs the non-decision making component does not disqualify her from arbitrating the same issues. In this regard, the parents waive s.35 of the The Arbitration’s Act, S.O. 1991, c.17. 17. The term of the Parenting Coordination shall be for an indefinite term from the date of this agreement. If the Parenting Coordinator wishes to withdraw, she shall do so with two months notice so as to allow the parents to find another PC. 18. As described above, Parenting Coordination includes efforts to resolve issues/disputes by way of facilitation and other means, including education, coaching and consultation. These functions stand distinct from that typically referred to as “mediation”. And efforts to “mediate” occur in the context of Parenting Coordination. The above-noted agreed to term will be upheld notwithstanding that facilitation is part of the process and with the understanding that in other contexts, separate and apart from Parent Coordination, a parent may withdraw from mediation proper at any time. 19. Neither parent may withdraw from this agreement during its term, however, with their joint consent in writing, both parents may terminate this agreement. Should one parent choose to withdraw unilaterally, the Parenting Coordinator may proceed and fulfill her decision- making role. 20. If the PC process is “open”, Susan Cook may issue a report to counsel and the court. If a report is issued, the report may be submitted as evidence in legal proceedings between the parents, and either parent may call Susan Cook to provide evidence in Court concerning her work with us. 21. If the PC process is “closed”, Susan Cook may not issue any report to counsel, and unless both parents agree in writing, she is not required to give evidence in any court proceedings concerning her work in this case. 22. We acknowledge that we have had the opportunity to fully discuss with our respective legal counsel the options of “open vs. closed” PC process, and we agree that the process will be: “OPEN”___X____ “CLOSED”______ (please initial) 23. The Parenting Coordinator is not a lawyer and will not be providing legal advice. 24. Copies of all written reports provided to the PC must be provided to the other parent with a “cc” noted on the correspondence, unless otherwise directed by the PC. NON DECISION-MAKING COMPONENT (PROCESS PRIOR TO ARBITRATION) 25. If either parent has an issue relating to the children and/or the Parenting Plan that cannot be resolved with the other parent after efforts to do so , he/she shall contact the PC in writing to request services. A copy of this request shall be provided to the other parent at the same time. The PC shall then determine the next steps by way of a meeting, telephone contact and/or e-mail. The parents shall participate in accordance with the Parenting Coordinator’s decision as to the time, place and format of the contact, The Parenting Coordinator shall have the authority to determine the protocol of all interviews and sessions and the power to determine who attends such meetings/contacts. 26. During this non-decision making phase, prior to an arbitration, the Parenting Coordinator may communicate with one parent without the other being present. The Parenting Coordinator may communicate with the lawyers jointly and/or separately, unless determined otherwise at the start of the process. The Parenting Coordinator shall be entitled to pursue matters submitted to her by meeting with the parents jointly and/or individually, reviewing written materials, and considering any other information relevant to the matter to be decided. The Parenting Coordinator may consult with professionals, family members and others who have information about the parents and/or children, such as therapists, custody assessors, school teachers and medical professionals if the PC believed their information may be relevant in assisting to implement this agreement. 27. The Parenting Coordinator may interview/observe the child(ren) privately and/or with the parents separately and/or together. The PC will advise the child(ren) that while she will use discretion in communicating their feelings, thoughts and/or wishes, there is no confidentiality concerning the communications between the child(ren) and the Parenting Coordinator. 28. There will be no confidentiality concerning communications between the parents and the PC and other persons with whom the PC may consult. The PC shall be free to disclose to the parents what ever information she may have received from third parties, the other parent, and the child(ren) but she is not bound to do so. DECISION-MAKING COMPONENT (ARBITRATION PROCESS) IF APPLIEED 29. If the issue remains unresolved after a reasonable effort or because one parent unilaterally withdraws, and the Parenting Coordinator believes that further similar efforts are unlikely to be productive, or that the time constraints of the issue presented do not allow for further similar efforts, the PC will proceed to arbitrate the issue in accordance with the arbitration provisions of this agreement. The decision is binding upon both parents regardless of whether or not they decide to have the Award incorporated into a court order. 30. If the Parenting Coordinator is to arbitrate the issue, she will advise the parents in writing that they are now engaged in arbitration. The time and place of the arbitration and/or the time for submissions and counter-submissions shall be provided in writing. The arbitration may proceed at that time and/or as per the time-line as notified, even if one parent fails to appear at the previously designated tome and place, or if one parent fails to provide his/her submissions in the time-line provided. 31. All communication during the arbitration phase will be 3-way, be it by conference call, email, fax or in a meeting. Submissions (verbal and/or written) and reply submissions will be made available to the arbitrator in a time-line determined by the PC, previously indicated to the parents in writing. Time-sensitive issues will require a shorter time-line as determined by the Parenting Coordinator. All submissions will be copied to the other parent, as will all communications to the arbitrator during the arbitration. 32. In her role as Arbitrator, the PC may rely on any information, both written and verbal, that we have disclosed, including written records, during our attempts to resolve the issues up to the point of the arbitration. Notwithstanding, the parents shall provide full submissions and counter-submissions, either verbal or in wiring as per #03 above, and not assume any prior information provided will be taken in to account in the decision-making process. 33. Prior to the commencement of the arbitration, the PC shall disclose all information received during the non-decision making phase from third parties, including the child(ren) that may be relevant to the issues being arbitrated. 34. The parents may attend the arbitration with or without counsel. If they choose to attend without counsel, they are waiving their right to do so. 35. There will be no recording of the proceeding by way of reporter and the arbitrator will, as soon as possible after hearing the arbitration, render an award in writing that will be delivered to the parents and counsel by fax or email transmission. In addition, and upon the request of either parent the PC shall be available thereafter to explain to the parents directly in a 3-way conversation the reasons for any decisions rendered. CHILD ABUSE REPORTING 36. The Parenting Coordinator is required to report to the appropriate child welfare authority(i.e., Children’s Aid Society, Catholic Children’s Aid Society, or Jewish Family & Child Service) and/or other relevant authorities if she has a reasonable suspicion that a child and/or adult may be in danger of harm and/or abuse. RIGHT TO APPEAL 37. The parents hereby waive all rights to appeal on fact and law the Award of the Arbitrator and the parents’ rights will be restricted to applications for judicial review. Arbitrated decisions are binding pending judicial review, The PC may be called as a witness. FEES 38. Father and Mother shall pay all of the costs of the Parenting Coordinator at a rate of $125.00 per hour plus GST. This includes time spent in reviewing documents and correspondence, voice-mail, email, meetings, travel to meetings, and telephone calls with Father and Mother, their counsel and other professionals involved. Fees will be applied to time required for deliberation and writing of memos and arbitrated decisions, testifying in court, preparation time for testifying and related travel time. Court-related fees (i.e., preparation time, attendance and travel) shall be obtained by way of retainer in advance of services in the amount of $2000.00 dollars payable by the summoning party. 39. Mother shall pay 50% and Father shall pay 50% of the fees. Father and Mother will each provide a retainer of $500.00 to the Parenting Coordinator. At all times each parent shall maintain a retainer of at least $200.00 in the account of the PC, who shall advise in advance when a further retainer is required, The PC will provide a statement of account to the parents from time to time. If the above terms are not satisfied, the PC will postpone all services until the retainer terms are met. Non-payment of fees shall be grounds for the resignation of the PC. 40. The clients will be billed for an appointment in which there is less than 24 business hours notice prior to cancellation, except for an appointment scheduled for 8:00am and/or after 4:00pm, in which case 48 business hours notice is required prior to cancellation. The parents will each be responsible for bills arising from their own cancellation with insufficient notice an/or failure to attend a scheduled appointment. 41. Notwithstanding the agreement to pay equally for all fees, the PC may modify this allocation if she finds that one parent is using her services unnecessarily and, as a result, is causing the other parent greater expense or , either parent may request that the fees be reallocated at any time during the PC’s term of appointment. Any decision will follow the same process as detailed for an arbitration. 42. In addition to reallocating fees, the parenting coordinator shall have the power to impose an award of costs if the Parenting Coordinator is required to arbitrate any issue, In addition, the arbitrator shall have the power to require one party to reimburse the other for any costs and. Or expenses they may have suffered as a result of any breach of the Parenting Plan or any breach of an arbitral award of the PC. For example, if Mother incurs additional day care expenses as a result of Father not picking the child(ren) up on time, then the PC shall have the power to require Father to compensate the Mother, monetarily, for that expense. Or, for example, if Father has to cancel a scheduled trip for the child(ren) that was pre-paid, as a result of Mother’s default of any terms of the agreement or the breach of an arbitral award, then she shall reimburse him for his loss and expenses occasioned by her default or breach. COMPLAINTS 43. If either parent has a complaint about the way the PC is dealing with him/her or any issue, he/she shall discuss it in person with the PC before pursuing it in any other manner. If, after discussion, the parent is not satisfied that the complaint has been dealt with to his/her satisfaction, then he/she must submit a written letter detailing the complaint to the PC, to the other parent and to any lawyers representing the parents and/or child (ren). The PC shall provide a written response to the parents and lawyers within twenty (20) days. 44. The PC will then meet with the complaining parent and his/her lawyer to further discuss the matter. 45. If the complaint is not resolved after this meeting, the complaining party may file a motion with the court to remove the PC as per the Arbitration Act. The motion shall proceed on the written documents submitted by both parents and the PC, unless the court orders a hearing. 46. The court shall determine if the PC should be replaced and shall determine who shall be responsible for any portions of the PC’s time and costs spent in responding to the complaint and the PC’s lawyer’s fees, if any. 47. The binding arbitrated decision shall be implemented and adhered to during the time the complaint process is in effect. 48. Neither party shall complain about the PC to the PC’s organizations of membership without complying with the above-noted grievance procedures. If either parent breaches this paragraph, they will be solely responsible for any legal or other costs incurred by the PC as a result of that parents actions. WAIVER OF ARBITRATORS LIABILITY 49. The parties waive any claim or right of action against the PC for any matters arising out of the functions performed by her under this agreement. TO EVIDENCE THEIR AGREEMENT, FATHER AND MOTHER HAVE SIGNED THIS AGREEMENT BEFORE A WITNESS. DATE:__________________________ ________________________________ ______________________________ Witness Father DATE:__________________________ ________________________________ ______________________________ Witness Mother DATE:___________________________ ______________________________ SUSAN COOK .