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Mediation Agreement Form

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.
Mediation 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 controversy.

2. Authority of the Mediator.
During 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 agreement.

3. Confidential and Privileged Nature of Mediation Proceedings.
All 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.
The 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 Agreement.

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 proceedings.
 

 
By:                                                                                                                         Date                                                                 
                   (Client Signature)                      

                                                                                              
                    (Print Name)
 
 
By:                                                                                                                        Date:                                                                  
                   (Attorney Signature)               
 
                                                                                               
                  (Print Name)
 

 

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