Mediation And Confidentiality Agreement (Page 3 of 3) in pdf

MEDIATION AGREEMENT

ATTACHMENT “A”

PRO BONO SERVICES AND VOLUNTARY FEE STRUCTURE

MONTEREY COUNTY COURT-DIRECTED MEDIATION PROGRAM

The Mediation Agreement between (among) the parties and their legal representatives incorporates this

Attachment A as an integral component of the Mediation Agreement.

Pro Bono Mediation – The attorney-mediator is a member of the Monterey County Court-Directed Mediation

Program and offers his/her mediation services for no cost subject to the following terms and conditions:

a. Preparation time and Scheduling: Volunteer attorney-mediator will offer his/her time necessary to the

preparation of, scheduling, and coordination with the parties and their representatives prior to the

commencement of the scheduled mediation session(s) as a component of his/her participation in the court-

directed program;

b. Mediation Session: Volunteer attorney-mediator offers two (2) hours of his/her time as volunteer attorney-

mediator in working with the parties to reach a voluntary settlement (agreement) in their case. The two hours

will commence after the parties have signed the Mediation Agreement and at the time of the Mediator’s

Opening Statement. The two hours will include any necessary breaks, caucuses, recesses, or other

intermittent breaks from the formal mediation session, but will not include meal breaks or recess involving a

rescheduling of the mediation. The Mediator shall maintain accurate time records and those time records shall

be determinative in the calculation of accrued mediation time.

Voluntary Fee Option- At the expiration of the first two (2) hours of accumulated mediation time, the attorney-

mediator may offer to continue the mediation at the rate of $200/hour to be shared equally by the parties

(unless otherwise negotiated to the agreement of all parties and incorporated as a component of the signed

mediation agreement). The election of this option is VOLUNTARY and no party shall be compelled to

continue with paid mediation unless subject to the parties’ voluntary and signed commitment to such

fee schedule.

a. Voluntary Waiver by Attorney-Mediator - The volunteer attorney-mediator may waive the

imposition of voluntary fee at his/her discretion and subject to the agreement of the parties

to continue in the mediation process. This voluntary waiver is subject to the will of the

attorney-mediator and may be offered for a finite and defined period of time (e.g., one more

hour, two more hours, etc.)

b. After Six hours of Voluntary Compensation at $200/Hour- After six (6) hours of attorney-

mediation compensation at the $200/hour level that has been agreed to by the parties and

their attorneys, the attorney-mediator may

at his/her discretion offer to continue the mediation at his/her regular hourly

fee subject to the voluntary agreement of the parties.

Coordination of Payment of Agreed to Fees After Expiration of Pro-Bono Services. Superior Court of

California, County of Monterey Local Rules of Court

Page 119 January 1, 2010

Should the parties elect to continue with mediation after the expiration of the pro bono preparation and two

hour mediation, all such financial agreements shall be recorded by the attorney-mediator in the Mediation

Agreement or amendment thereto signed by the parties and their attorneys including the volunteer attorney-

mediator. Payments shall be made directly to the attorney-mediator and the Court will not oversee the

collection of payments. The Court, at its discretion, may postpone trial setting in a case that does not settle in

mediation pending full payment of agreed to attorney-mediator fees that remain unpaid.

Case Name: _____________________

Case Number: ____________________

Mediation And Confidentiality Agreement Page 3

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