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Sample Retainer — Mediation

RE: Case Caption

1. The undersigned submit the above matter to mediation with undersigned mediator.

2. Mediation is intended to be private and confidential. The parties and the mediator agree not to disclose, transmit, introduce, or otherwise use any matter, fact, statement, document, attendance, or any other thing not otherwise discoverable, including, but not limited to, opinions, suggestions, proposals, offers, or admissions obtained or disclosed during the mediation in this or any other action or other proceeding, lawsuit, or arbitration, unless authorized in writing by all parties and the mediator or compelled by law. The fact that a mediation has occurred shall not be considered confidential.

Subject to the above restrictions, the mediator shall not be prohibited by serving as neutral in this matter from representing either party, representing others in other transactions or controversies with the parties or serving as neutral with the parties or counsel in other matters.

The parties shall not request the mediator's notes or testimony at this or any other proceeding. The mediator shall not transmit or otherwise disclose confidential information provided by one party to any person, including but not limited to the other party, unless authorized to do so by the party providing the confidential information.

The mediator shall not be held liable for any act or omission in connection with the mediation.

3. The mediating parties agree that any related proceedings shall not be stayed or delayed without the consent of all parties.

4. The undersigned agree that the mediator's fee shall be $425.00 per hour plus expenses to be shared equally by each. Parties agreed to deposit his, her or its estimated share of the mediation fee with the mediator at the execution of this Agreement. Any excess deposits shall be promptly refunded to the parties at the conclusion of the mediation. The undersigned agree that the mediator may cease providing services if at any time any mediating party fails to submit deposits or other payments as requested. In the event of cancellation or postponement within two weeks of the mediation, the canceling party will forfeit one half of his, her or its deposit.

5. This agreement may be executed in one or more counterparts and duplicates, and all such counterparts and duplicates shall together constitute one and the same binding original document.

6. IN WITNESS WHEREOF, the parties and their counsel have signed and acknowledge the foregoing Mediation Submission Agreement.