Legal Mediated Stipulation

LEGAL MEDIATED STIPULATION

This Mediated Stipulation (the "Stipulation") is entered into as of by and between Party A: Client Name: , Address: ; and Party B: Respondent Name: , Address: .

RECITALS

WHEREAS, Parties were engaged in a dispute arising from , and certain claims and counterclaims were asserted in the matter captioned , Case No. .

WHEREAS, the Parties participated in a court-ordered or voluntary mediation conducted by Mediator: on and reached an agreement to resolve their disputes on the terms set forth herein.

WHEREAS, the Parties intend for this Stipulation to memorialize the material terms of settlement and to create enforceable obligations between them.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Stipulation, "Claims" means any and all claims, causes of action, demands, liabilities, obligations, damages, losses and expenses, known or unknown, asserted or unasserted, that were or could have been alleged in the matter identified above.

2. SETTLEMENT PAYMENT

Party B agrees to pay to Party A the total sum of $ (the "Settlement Amount") in full satisfaction of the Claims, according to the following schedule and method:

(a) Initial payment of $ due on or before ; (b) Remaining balance of $ payable in installments of $ each, due on the day of each month beginning .

Payments shall be made by to: . Late payments shall accrue interest at per annum until paid.

3. DISMISSAL OF CLAIMS

Upon Party B's full performance of the payment obligations set forth in Section 2, the Parties shall cooperate to effectuate a dismissal with prejudice of all Claims in the case identified above. If a dismissal requires a stipulated form or order, the Parties shall execute and file such documents within days of the final payment.

4. MUTUAL RELEASE

Except as otherwise expressly provided in this Stipulation, upon receipt of the full Settlement Amount, each Party, on behalf of itself and its past and present officers, directors, employees, agents, attorneys, insurers, successors and assigns, hereby fully and forever releases and discharges the other Party from any and all Claims arising out of or related to the matters asserted or that could have been asserted in the above-referenced matter.

Notwithstanding the foregoing, this release does not apply to (a) obligations expressly set forth in this Stipulation; (b) claims for breach of this Stipulation; or (c) matters not within the scope of the original dispute as expressly identified by the Parties in writing.

5. CONFIDENTIALITY

The Parties agree that the terms, negotiations and amounts of this settlement are confidential and shall not be disclosed to any third party except as required by law, to the Parties' accountants or attorneys for the purpose of obtaining advice, or as necessary to enforce this Stipulation. Any permitted disclosure shall be limited to information reasonably necessary for the recipient to perform its duties and shall be subject to customary confidentiality obligations.

6. ENFORCEMENT; REMEDIES

The Parties acknowledge that this Stipulation constitutes a final, binding and enforceable agreement. In the event of a breach, the non-breaching Party may seek specific performance, injunctive relief and any other remedies available at law or in equity, including recovery of reasonable attorneys' fees, costs, and expenses incurred in enforcing this Stipulation.

7. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that it has full authority to enter into this Stipulation, that its execution and performance will not violate any other agreement to which it is a party, and that the person signing on its behalf is duly authorized to bind that Party.

8. NO ADMISSION

The Parties agree that this Stipulation is a compromise of disputed claims and that neither the Stipulation nor any statement or action in furtherance of it shall be construed as an admission of liability or wrongdoing by any Party.

9. NOTICES

All notices required or permitted hereunder shall be in writing and shall be deemed given when delivered personally, or three (3) business days after deposit in the United States mail, first-class postage prepaid, or upon confirmed electronic transmission if sent by electronic mail to the addresses set forth above.

10. AMENDMENT; WAIVER

This Stipulation may be amended only by a writing signed by both Parties. No waiver of any provision shall be effective unless in writing and signed by the Party against whom the waiver is asserted. A waiver of a breach shall not constitute a waiver of any subsequent breach.

11. GOVERNING LAW

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

12. ENTIRE AGREEMENT

This Stipulation constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, understandings and agreements, whether written or oral, relating thereto.

13. SEVERABILITY

If any provision of this Stipulation is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.

14. COUNTERPARTS

This Stipulation may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Facsimile or electronic signatures shall be binding and treated as originals for all purposes.

15. ATTORNEYS' FEES AND COSTS

In the event a Party seeks to enforce any provision of this Stipulation by judicial or other proceeding, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with such enforcement, in addition to any other relief granted.

16. MEDIATOR ACKNOWLEDGMENT

The Parties acknowledge that the mediator assisted them in negotiating the terms of this Stipulation. The mediator's role is limited to facilitation of settlement and the mediator is not a party to this Stipulation and has no authority to modify its terms without the Parties' written consent.

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