The undersigned, having agreed to participate in a mediation to be
conducted by Mildred E. "Mimi" Methvin ("Mediator") of Satori ADR,
L.L.C., in the case of , pending in , for the purpose of compromising, settling or resolving disputed claims, hereby agree as follows:
1. Mediation Proceedings.
is a process in which parties and counsel agree to meet with a neutral
mediator trained to assist them in settling disputes. The mediator
improves communication across party lines, helps parties articulate
their interests and understand those of the other party, probes the
strengths and weaknesses of each party's legal positions, identifies
areas of agreement, and helps generate options for a mutually agreeable
resolution to the dispute. In all cases, mediation provides an
opportunity to explore a wide range of potential solutions and to
address interests that may be outside the scope of the stated
controversy or which could not be addressed by judicial action. A
hallmark of mediation is its capacity to expand traditional settlement
discussions and broaden resolution options, often by exploring litigant
needs and interests that may be independent of the legal issues in
2. Authority of the Mediator.
the course of the mediation, the Mediator is authorized to conduct
joint and separate meetings with the parties and, at her discretion, to
provide an evaluation of each party's case and to make recommendations
for settlement. The parties acknowledge that the Mediator is not acting
as an attorney or advocate for any party and that any recommendations
or statements by the Mediator do not constitute legal advice. The
parties acknowledge that they have been advised to seek and rely on the
advice of their own counsel in connection with any settlement or other
3. Confidential and Privileged Nature of Mediation Proceedings.
communications, written or oral, made in connection with the mediation
are confidential and shall not be disclosed to anyone without specific
authority of the parties involved. All documents submitted for the
mediation conference will either be returned to the submitting party or
destroyed by the mediator upon conclusion of the mediation. Neither the
confidential mediation conference statements nor communications of any
kind made in the course of the mediation may be used by any party with
regard to any aspect of subsequent litigation or trial concerning the
issues involved in the mediation. However, evidence that is otherwise
admissible or discoverable shall not be rendered inadmissible or
non-discoverable as a result of its disclosure or use during the
mediation proceedings. Evidence that the parties have entered into a
written settlement agreement during the course of the mediation may be
disclosed and is admissible to the extent necessary to enforce the
settlement under state or federal law.
4. Exclusion of Mediator Testimony and Limitation of Liability.
Mediator shall not be subpoenaed or otherwise compelled to testify in
any civil proceeding and shall not be required to provide a declaration
or finding as to any fact or issue relating to the proceedings or the
dispute which is the subject of said mediation proceedings. The
Mediator shall not be liable to any party for any act or omission in
connection with the mediation proceedings conducted pursuant to this
5. Mediator's Services and Compensation.
The Mediator's services shall include attendance at mediation
conferences, review of briefs and other written materials,
participation in telephone conferences and any other services requested
by the parties. The Mediator shall be compensated at the following rate
(include terms of any actual travel or other costs to be reimbursed):
A 50% deposit of the full-day or half-day flat rate shall be paid
within three (3) business days of booking, unless otherwise agreed.
The undersigned parties shall share the Mediator's fees equally unless a contrary intent is indicated below.
6. Counterpart Execution; Binding on Representatives.
This Agreement may be executed in any number of counterparts which
when taken together shall constitute one fully executed Agreement. This
Agreement when so executed shall inure to the benefit of and be binding
on the undersigned parties as well as their respective representatives
or other persons they have caused to be present during these mediation