Conduct of Mediation. Unless otherwise agreed to in writing by the parties in advance of the mediation conference, the mediation will be conducted in accordance with applicable rules (and/or the agreement between/among the parties) including its protections of privilege, confidentiality and/or immunity. If a Stipulation to Mediate is executed by the parties, the terms of this engagement should be incorporated by reference and be considered controlling. This agreement shall constitute your waiver of any terms of the Order that are inconsistent herewith, and shall further constitute your specific acceptance of the terms set forth herein. The presence or immediately availability of persons with authority to settle is absolutely critical. The mediator strongly encourages all parties, representative, insurers or others having an interest in the negotiations to be present at the mediation on the scheduled date in compliance with all local rules and Florida Rules of Civil Procedure applicable to mediation under Florida Statutes. Representatives of each party having full settlement authority shall participate in all phases of the mediation process directly, by telephone or through periodic reporting by counsel. The mediator may consult with the parties concerning these designated representatives, their settlement authority, and level of participation in various phases of the process. In the event the initial mediation session does not result in a settlement, the mediator will follow up with telephone conversations or a further conference before declaring an impasse.

Rate of Compensation and Payment: The mediator shall be compensated at the rate of $300.00 per hour. There is a three (3) hour minimum for mediations with Atlass Dispute Resolution (ADR). The mediator shall also be reimbursed reasonable expenses incurred in connection with the mediation, including parking and mileage outside Broward County. Because the mediator is responsible for scheduling the mediation and preparing all of the necessary paperwork for submission to the Court for signature and distribution, the mediator is entitled to charge a minimum of at least one (1) hour for the time involved in performing this administrative function. Payment for three (3) hours of mediation services is due and payable upon the later to occur of seven (7) calendar days prior to the mediation conference and the scheduling of the mediation conference. All charges are due and payable upon the completion of the mediation conference, but in no event later than thirty (30) days after receipt of the statement from the mediator. Failure to pay in a timely manner may result in sanctions, including attorney’s fees and costs, to be assessed by the Court. All mediation charges are to be divided equally and equitably among the parties, unless the mediator is advised the parties have agreed otherwise or as otherwise provided by Court Order.

Cancellation Policy. If the mediation is cancelled or rescheduled more than five (5) calendar days prior to the scheduled session, there is no cancellation charge. However, if the mediation is cancelled or rescheduled less than five (5) days prior to the scheduled session, ADR reserves the right to charge the minimum fee of three (3) hours for the originally scheduled day of mediation to the parties, unless we are able to reschedule a new mediation on the mediation date that was cancelled or changed. Notice of the cancellation must be in writing notifying all counsel and and ADR.

Preparation of Documents. On occasion, the mediation services may include the preparation of written summaries of interim or final agreements reached during the mediation process. All such documentation is subject to full review, editing and approval by both the parties and their counsel. By accepting the terms of this engagement, counsel and their parties hereby agree that such services as may be rendered by ADR shall not be considered the practice of law or in any representative capacity to any party involved in this mediation. No Legal Advice Rendered by the Mediator. The mediator will not provide any legal service.

Destruction of Documents: Forty-five (45) days after the conclusion of the mediation, all materials sent or provided to the mediator by the parties, confidential statements, confidential communications, pleadings and other documents, including, but not limited to, audio/visual tapes and electronic mail (e-mail) transmissions sent or provided to the mediator by the parties, will be destroyed to protect the confidential nature of the mediation. The mediator will retain a copy of the settlement agreement, if a settlement is reached.

Confidential and Privileged. This entire mediation process is a compromise negotiation. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and the mediators are confidential. Such offers, promises, conduct and statements will not be disclosed to third parties, except persons associated with the parties in the mediation process and person or entities to whom a party has a legal or contractual obligation to report, and are privileged and inadmissible for any purpose, including impeachment, under Rule 408 of the Federal Rules of Evidence and any applicable federal or state statute, rule or common law provisions. However, evidence previously disclosed or known to a party, or that is otherwise admissible or discoverable, shall not be rendered confidential, inadmissible, or not discoverable solely as a result of its use in the mediation. Furthermore, any expert of the party who participates in this mediation shall not be disqualified from assisting a party in subsequent litigation concerning the dispute giving rise to this mediation.

All that occurs during the mediation process shall be confidential and may not be recorded, and shall not be revealed in any subsequent legal proceedings or otherwise. All parties agree not to institute any action based on the mediation or to subpoena the mediator or Atlass Dispute Resolution to testify or produce any records or do anything, at any future legal proceedings. If any party does so, they hereby agree to indemnify and hold the mediator and Atlass Dispute Resolution harmless for any liability, expense and cost, including attorneys’ fees, incurred by the mediator or Atlass Dispute Resolution as a result of such action.

Public Statements and Contact with News Media. Parties shall not make any public statement concerning the mediation. All inquiries from the news media or other interested parties shall be directed to the mediator, who shall acknowledge the existence of the mediation and report that the parties are attempting to negotiate an acceptable resolution to the dispute.