Legal Conciliation Power Form

LEGAL CONCILIATION POWER FORM

This Legal Conciliation Power Form is executed as of by and between: Client Name: with Address: and Conciliator Name: with Address: .

RECITALS

WHEREAS, the Client seeks to resolve certain disputes, claims, or differences with third parties through conciliation and desires to appoint a neutral conciliator to assist in resolving such matters; and

WHEREAS, the Conciliator represents that the Conciliator has the qualifications, experience, and authority to act as a conciliator in accordance with the terms of this Form; and

WHEREAS, the parties desire to set forth the scope of the conciliation authority, duties, fees, confidentiality obligations, and other material terms under which the Conciliator will act.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. APPOINTMENT

1.1 Appointment. The Client hereby appoints the Conciliator, and the Conciliator accepts appointment, to act as conciliator to assist in resolving the dispute(s) described as: . The Conciliator shall act neutrally and in good faith to facilitate a voluntary settlement between the Client and any participating party.

2. SCOPE OF AUTHORITY

2.1 Authority. The Conciliator is authorized to conduct conciliation sessions, evaluate positions, conduct settlement discussions, propose terms of resolution, request and review documents relevant to the dispute, and facilitate communications among the parties. The Conciliator is not authorized to render binding adjudications except where a separate written settlement agreement signed by the Client expressly provides for binding terms.

2.2 Authority to Settle. The Client grants the Conciliator authority to present settlement proposals. The Client authorizes the Conciliator to sign a settlement instrument on the Client’s behalf only if the Client authorizes in writing that the Conciliator may execute such instrument and the written authorization is attached hereto as an amendment. The Client selects the following option regarding execution authority: Conciliator may execute limited settlement instruments Conciliator may not execute settlement instruments

3. CONCILIATOR DUTIES AND STANDARDS

3.1 Duties. The Conciliator shall (a) conduct proceedings with impartiality, (b) disclose any conflicts of interest promptly in writing, (c) use reasonable efforts to facilitate a negotiated resolution, and (d) maintain records of the conciliation as required by governing professional standards.

3.2 Professional Conduct. The Conciliator shall comply with applicable ethical rules and standards governing neutrals, including duties of impartiality, disclosure, and avoidance of ex parte communications except as permitted by the parties in writing.

4. CONFIDENTIALITY

4.1 Confidentiality of Communications. All communications, statements, proposals, offers, admissions, and documents made or prepared for the purposes of conciliation are confidential and shall not be admissible in any proceeding, except where disclosure is required by law or where the parties agree in writing. The Conciliator shall not be compelled to disclose notes or internal work product prepared in connection with the conciliation.

4.2 Exceptions. The confidentiality obligation does not apply to (a) information already in the public domain, (b) factual information unrelated to the conciliation, or (c) matters that the parties agree in writing may be disclosed.

5. FEES, COSTS, AND EXPENSES

5.1 Apportionment of Costs. Unless otherwise agreed in writing, the Client agrees to pay the Conciliator’s fees and expenses as set forth above. If multiple parties participate, apportionment among participants shall be as provided in a separate written allocation agreement.

6. TERM AND TERMINATION

6.1 Term. This Form becomes effective on the effective date and remains in force until the earlier of: (a) written settlement executed by the parties; (b) written termination by either party upon days’ prior notice; or (c) mutual written agreement to terminate.

6.2 Effect of Termination. Termination does not relieve the Client of its obligation to pay the Conciliator for services rendered and expenses incurred through the date of termination.

7. REPRESENTATIONS AND WARRANTIES

7.1 Client Representations. The Client represents and warrants that the Client has full authority to enter into this Form and to grant the powers set forth herein, subject to any limitations expressly stated in writing.

7.2 Conciliator Representations. The Conciliator represents that the Conciliator has the requisite qualifications and is not subject to any restriction that would prevent lawful performance under this Form.

8. INDEMNIFICATION

8.1 Indemnity. The Client shall indemnify, defend, and hold harmless the Conciliator from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Client’s breach of this Form, willful misconduct, or gross negligence. The Conciliator shall give prompt written notice of any claim for which indemnity is sought and shall permit the Client to assume defense of such claim at the Client’s expense.

9. NOTICES

9.1 Method. Notices under this Form shall be in writing and delivered by hand, overnight courier, or certified mail to the addresses provided above, and are effective upon receipt.

10. GOVERNING LAW

This Form shall be governed by and construed in accordance with the laws of the state of , without regard to its principles of conflicts of law.

11. ENTIRE AGREEMENT; SEVERABILITY

11.1 Entire Agreement. This Form, together with any written amendments executed by the parties, constitutes the entire agreement between the parties regarding conciliation and supersedes all prior negotiations, understandings, and agreements, whether written or oral, relating to its subject matter.

11.2 Severability. If any provision of this Form is held to be invalid or unenforceable, the remainder of this Form shall remain in full force and effect and shall be enforced to the maximum extent permitted by law.

12. AMENDMENTS, WAIVER, COUNTERPARTS

12.1 Amendments. This Form may be amended only by a written instrument signed by both parties.

12.2 Waiver. No failure or delay by either party in exercising any right under this Form shall operate as a waiver of that right.

12.3 Counterparts and Electronic Signatures. This Form may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered by electronic means shall be deemed originals for all purposes.

13. MISCELLANEOUS

13.1 Assignment. Neither party may assign its rights or delegate its duties under this Form without the prior written consent of the other party, except that the Conciliator may engage associates or staff to perform services under the supervision of the Conciliator.

13.2 Survival. Provisions of this Form that by their nature should survive termination or expiration, including confidentiality, indemnification, and payment obligations, shall survive.

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