1.Mediation Process

.5rict of Columbia . Section 2nt, the District of Columbia is included within the word "rged. The Mediator may waive any charMEDIATION AGREEMENT

THIS AGREEMENT is made this ____ day of ______, ______between and among Claimant(s) ______, along with their counsel, ______, Esq. of the firm of ______, and Respondent(s)______, ______, and their counsel ______, Esq., of the firm ______, and Richard T. Seymour (“Mediator”), in consideration of the parties’ desire to resolve all existing controversies or disputes between them, or the following subset of controversies or disputes:______

______.

1.Mediation Process

1.1The mediation may be conducted by the Mediator in whatever manner he deems will most expeditiously permit full discussion and resolution of the issues between the parties.For example, the Mediator may have joint and separate meetings with the parties and/or their representatives.The parties will have the opportunity candidly to disclose to the Mediator the facts and opinions upon which they rely relating to the matters in dispute, as well as their underlying interests and objectives, and possible solutions they believe would be fair and equitable.

1.2If necessary and if such discussions seem likely to be useful, the parties and/or their representatives will make themselves available for further discussions or meetings either before or after the mediation session or sessions, or both.

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2.Confidentiality

2.1The entire mediation process is confidential.The parties and the Mediator will not disclose to anyone not involved in the mediation, or post on social media, or tell anyone in writing or orally,any information including offers, promises, conduct, statements or settlement terms, whether oral or written, made by any of the parties or their representatives.Such information is confidential and privileged to the fullest extent permitted under any applicable state or federal privileges, and any state confidentiality statutes, rules or doctrine.Further, if a party discloses information to the Mediator and that party indicates it is not to be disclosed to the other side, the Mediator will not disclose the information so designated.

2.2Except as the parties otherwise agree, the Mediator shall keep confidential any submitted written materials or information a party instructs is to be kept confidential for the time being, or permanently.The Mediator is permitted to disclose information a party has not instructed be kept confidential, and is permitted to disclose his sense of the other party’s approach.The parties recognize that such permitted disclosures are sometimes necessary to keep the negotiations on track.

2.3The parties and their representatives are not entitled to receive or review any such materials or confidential information submitted to the Mediator by another party or representative, unless both parties agree otherwise.At the conclusion of the mediation process, upon request of a party, the Mediator will return to that party all written materials and information provided to the Mediator without retaining copies.

2.4Alloffersandcounter-offersofsettlementmadeduringthe mediation,as wellas all negotiations hadin connectionwiththe exchangeofthoseoffersandcounter-offers, shallbeconsidered partof the communications had and information exchangedduring the mediation and shall be entitled to the confidentiality protections set forth in this Section 2.

2.5The Parties and Counsel for the Parties, if any, acknowledge and agree that the Mediator may contact and communicate with them after the close of the aforementioned mediation session,and those discussions and communications shall be part of the mediation and entitled to the confidentiality protections set forth in this Section 2.

2.5Notwithstanding the foregoing, the simple fact that the dispute was or was not settled during the mediation shall not be confidential.

2.6The Parties and Counsel for the Parties, if any, acknowledge and agree that the Mediatorhas madeno representations, promises or assurances to themconcerningtheenforceabilityof theconfidentiality protections set forthin this agreement; thattheyunderstand that mediation confidentiality is a developing area of the law in which the scope, contours andlimitations of protectionvary from jurisdictionto jurisdiction; and that mediation confidentialityis currentlythe subject of dialogue and debate in many courts and legislative bodies. The Parties and Counsel for the Parties, if any, further acknowledgeandagreethatthey,andnottheMediator,are responsiblefor identifying and dealing with any and all issues and concerns they might have regarding the confidentiality of any communication, information, offer or writingsharedor exchanged during,pursuant to or in furtherance of the mediationcoveredby this agreement, including but not limited to entering into a separate agreement of confidentialityor obtaininga protectiveorderfrom the court or other tribunal.

2.7The Mediator's role is limited to facilitating negotiations between or among the Parties and Counsel for the Parties, if any. In this regard, the undersigned acknowledge and agree as follows:

2.8The Mediator is an impartial intermediary, whose role is to assist the Parties in reaching a negotiated resolution of some or all of the Disputes. The Mediator cannot impose a settlement or make any decision or determination that is binding on the Parties.

2.8The Mediator's role is limited to that of a settlement facilitator. The Mediator does not act as an attorney or advocate for, or give legal, tax or other professional advice to, the participants. In this regard, the Parties and Counsel for the Parties agree that the Mediator hasundertakennotto represent or provide legal advice or legal opinions to any party with respect to this dispute, and that no attorney-client or fiduciaryrelationshipexists betweenany of the Parties and/or Counselfor the Parties, if any, on the one hand, and the Mediator, on the other.

2.9Notwithstanding the confidentiality provisions set forth in this Section, this agreement shall not render inadmissible a written mediated agreement, term sheet or memorandum of understanding entered intoasaresultofthemediation inanactionorproceeding to enforce the settlement.

2.10Notwithstanding the confidentiality provisions set forth in this Section, this agreement shall be admissible in any action or proceeding to enforce any term of provision of this agreement and/orto prove the existence of this agreement.

3.Preservation of Rights

3.1Disclosure of information, documents or other writings during the mediation that otherwise are privileged or eligible for protection as confidential, proprietary or trade secret documents or information shall not lose their privileged or confidential character outside of the mediation.

3.2Evidence that existed outside the mediation and was otherwise admissible or subject to discovery shall not become inadmissible or protected from discovery or disclosure solely by reason of its introduction or use in the mediation.

4.Disclosure of Conflicts

4.1ThePartiesandCounselfortheParties, if any,havedisclosed tothe Mediator, and theMediator hasdisclosedtoeachofthem,all matters that each reasonably believesrequires disclosure.By signingthisagreement, thePartiesandCounsel for the Parties, if any, expresslywaivetheconflictsandpotential conflicts heretofore disclosed above andacknowledge that they have had the opportunity to make full inquiry of the Mediatorconcerning the Mediator’s background and any potential or actual conflicts of interest.

4.2The PartiesandCounselforthe Parties, if any,agreethatnoconflict of interest has been or will be deemed to exist in any matter in which Richard T. Seymour has represented inthepast,ormayrepresentinthe future,intereststhatmaybe adverseto them, andthat Richard T. Seymour shallnotbe disqualifiedin anysuchmattersbyvirtueof having served as Mediator in this matter.

4.3The Mediator shall not, during or after the mediation, represent any person or entity adverse to any party as to the dispute(s) between or among the parties.

5.Protection For Mediator

5.1The Mediator will be disqualified as a witness, consultant, or expert in any pending or subsequently filed proceeding relating to the subject matter of the mediation (including any investigation, action or proceeding which involves persons not party to this mediation).

5.2The Mediator and any documents and information in the Mediator’s possession will not be subpoenaed in any such investigation, action or proceeding, and all parties will oppose any effort to have the Mediator and documents subpoenaed.

5.3Should a subpoena nonetheless be issued to the Mediator, the subpoenaing party shall be liable for all fees and costs incurred by the Mediator responding to such subpoena.

5.4The notes, working papers, file and electronic information created or maintained by the Mediator ("Mediator Papers") belong solely to the Mediator.Inthisregard,thePartiesandCounselforthe Parties, if any,agreethattheyhavenoright,titleorinterestinthe MediatorPapersand, further,haveno rightto review, inspector copy the MediatorPapers.The Parties and Counsel for the Parties, if any, agree that they will not subpoena or otherwise seek to compel production of the Mediator Papers in any pending or future civil proceeding before a judicial, arbitration or administrative law tribunal. The Mediator will not voluntarily produce the Mediator Papers to any party for review, inspection or copying.

5.5The Mediator shall not be liable to any party for any act or omission in connection with any mediation conducted under this Agreement.

5.6 The undersigned acknowledge and agree that the Mediator has made no promises, guarantees or representations to the Parties or Counsel for the Parties, if any, that they will be able to achieve a negotiated resolution of their disputes through mediation, and hereby agree to release the Mediator from any and all claims arising out of (a) their failure to reach agreement, or (b) their decision to enter into any agreement at the mediation.

5.7Should any action be filed to enforce or interpret this agreement in which the Mediator is named as a party, the undersigned acknowledge and agree that such action shall be filed in a District of Columbia State or Federal Court and hereby consent to venue in the District of Columbia.

6.Compensation

6.1The Mediator shall be compensated for the time expended in connection with this mediation at the rate of $550 an hour, including preparation and study time, with a minimum charge of five hours for each mediation dayof in-person meetings unless a shorter time is scheduled.

6.2Travel time of up to one-half hour is not charged; travel time of more than one half-hour is charged at the full rate.

6.3Reasonable expenses, including WestLaw research expenses, business-class hotels, refundable economy airfare with extra leg room, and Acela or business class train travel, are charged.

6.4The Mediator may waive any charge without waiving other or similar charges.

6.5______will be responsible for the Mediator’s fees.A late cancellation fee equal to five hours or the scheduled time, whichever is lesser, will be charged for the cancellation of any scheduled mediation session seven or fewer calendar days prior to a scheduled mediation date. No cancellation fee will be charged if the cancellation occurs because of weather conditions or force majeure.

6.6A refundable retainer of $______is requested to be paid ten calendar days prior to the mediation, or the mediation may be canceled. This amount will be paid into Mediator’s trust account until billed, and will then be drawn down to cover the bills. This estimate consists of::

(a)an estimated _____ ten-hour days of mediation at $5,500 per day, with the final bill adjusted up or down to reflect the actual time: ______

(b)an estimated _____ hours in preparation for the mediation, including discussions with the parties and review of the mediation materials: ______

6.7If the retainer or other funds are paid in advance is paid by wire transfer, they shall be wired into the Mediator’s commercial checking account and reasonably soon thereafter transferred into the Mediator’s IOLTA trust account, to be drawn down as invoices are issued.

6.8If the mediation fees and expenses exceed the amount of the retainer, the Mediator shall submit an invoice to the responsible party or parties, and the responsible party or parties shall promptly pay the invoice.

6.9If the mediation fees and expenses are less than the amount of the retainer, the Mediator shall promptly refund the difference to the responsible party or parties, and the responsible party or parties.

7. Duties and Obligations

7.1The purpose of the mediation is to attempt to arrive at a mutually acceptable resolution of all existing controversies or disputes between the parties in a cooperative and informal manner.This is a voluntary, non-binding process.

7.2The parties agree to participate in good faith in the entire mediation process, but any party may terminate its participation for any reason by written notification to the Mediator and the other party or parties.

8. Location of Mediation (if Known)

8.1The mediation will be held at:______

______

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9.General Terms

9.1For the purposes of this agreement, the District of Columbia is included within the word “state.”

9.2This document constitutes theentire agreement between the Mediator and the undersigned regarding the mediation which is the subject of this agreement.

9.3This agreement may not be modified orally.Anymodificationor amendmentmustbeinwritingandsignedbyallPartiesand CounselfortheParties, if any.No obligationor undertaking shall be implied that is not set forth expressly in this agreement.

9.4The internal law, and not the law pertaining to choice of laws, of the District of Columbia shallgovernthis agreementandthe engagement contemplated hereby.Thelawsofthe District of Columbia shall govern all questions with respect to the construction or interpretation of this letter agreement and/or the rights and obligations of the parties.

9.5This agreement maybe executedin anynumberof counterparts, each of whichshall be deemedan originalandall of which, when takentogether,shallconstituteoneandthe sameagreementand shall be binding and effective as to all parties hereto. In this regard, facsimile and scanned (PDF) signatures shall be treated as original signatures.

Dated:Washington, D.C., ______, 20____

______LAW FIRM

______, Esq.,______

on behalf of Plaintiff(s) Date

______LAW FIRM

______, Esq.,______

on behalf of Defendant(s) Date

______

Richard T. Seymour, Date

Mediator

Richard T. Seymour

RATE SHEET FOR MEDIATIONS

• Hearing and study time -- $ 550/hour (billed by tenths of an hour), includes time spent on: research, preparation, mediation sessions, and follow-up if necessary

• Travel time that cannot be used for other work is compensable at full hourly rate for time over 30 minutes in each direction (maximum five hours per day or trip in one direction)

• Late cancellation – $ 3,300 for the first two scheduled mediation days cancelled if less than 14 calendar days’ notice is given; $ 1,500 for each cancelled scheduled mediation day thereafter

• No charge for unused mediation days in excess of a joint estimate of the parties, where the mediator scheduled the day in an abundance of caution to ensure that the mediation, or that part of it, would conclude

• Reimbursement of reasonable costs and expenses, including WestLaw charges, Acela train fare, and fully refundable coach-class airfare in seats with extra leg room

• Refundable retainer amounts will be requested in amounts to be determined at the time of retention, and supplemented thereafter as the matter proceeds

• Interest at the rate of 5% may be charged on any payments not made within 60 days of issuance of an invoice

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