Simpson Mediation Services

Mediation Agreement

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The undersigned parties, counsel, and insurance representatives hereby agree to have RALPH F. SIMPSON of SIMPSON MEDIATION SERVICES, Tifton, Georgia, serve as mediator for their dispute concerning the matter of ___________________________________________________________________ ________________________________________________in accordance with the following terms:

Mediation Procedures: All parties recognize that this mediation proceeding is a voluntary settlement negotiation and that the mediator is not serving as a judge or an arbitrator, and that the mediator has no authority to force settlement on the parties. If the dispute is not settled during the course of the mediation session, the parties are free to pursue all legal rights or privileges which may be available to them. The parties agree that the mediator shall have the same immunity as is provided under ADRR 7.C..

Mediator/Fees: The parties recognize that the mediator is an independent contractor and not an agent or employee of either party. The mediator shall be paid as follows:

An hourly rate of $100 per hour per party for attendance at the mediation.

$50 per hour per party for preparation time. $25 per hour per party for travel time.

Mileage at the rate of .445 cents per mile together plus all out of pocket expenses incurred.

Said fees and expenses will be paid pro rata among the parties unless otherwise agreed upon. There shall be no administrative fee or similar charge.

Consulting with Attorneys: Any party not represented by an attorney is encouraged to consult with an attorney before, during and after the mediation session and before finalizing an agreement, regarding their legal rights and obligations. The parties recognize that the mediator is not providing legal advice or legal counsel upon which the parties are relying.

Caucuses: The mediator may hold several individual sessions with each party. These caucuses are designed to improve the mediators understanding of the participants position. Information gained by the mediator in a caucus will be held confidential unless the party agrees to have it disclosed. The parties agree not to solicit or attempt to obtain any confidential information from the mediator at any time.

Confidentiality: The parties recognize and agree that mediation sessions are settlement negotiations and that settlement negotiations are inadmissible in any court proceedings regarding their dispute, except proceedings to enforce the settlement agreement. Therefore, the parties will not subpoena or otherwise require the mediator to testify or produce records, notes or work product in any future legal proceedings except those specified and shall reimburse the mediator for any fees and costs associated with any attempt to obtain such information.

READ AND AGREED TO this ___________ day of ___________________, 2009.

For the Plaintiff(s): For the Defendant(s):

__________________________________ __________________________________

__________________________________ __________________________________

__________________________________ __________________________________

Copyright 2007.  Simpson Mediation Services. All rights reserved.