Mediation Representation Agreement

MEDIATION REPRESENTATION AGREEMENT

This Mediation Representation Agreement (the Agreement) is entered into as of the day of , , by and between Client Name: , located at Client Address: (Client), and Representative Name / Firm: , located at Representative Address: (Representative).

RECITALS

WHEREAS, a dispute exists between Client and one or more other parties that the Client seeks to resolve through mediation; and

WHEREAS, Client desires to retain Representative to provide legal and advisory services in connection with the mediation and related settlement negotiations, and Representative is willing to provide such services subject to the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend that the representation provided pursuant to this Agreement be limited in scope as set forth herein.

NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows:

1. SCOPE OF ENGAGEMENT

Representative will represent Client solely for the purpose of advising and representing Client in mediation proceedings concerning the dispute identified as:

Services include pre-mediation preparation, attendance at the mediation session(s), direct negotiation with other parties or counsel, and drafting or reviewing any proposed settlement agreement arising from mediation. This Agreement does not encompass litigation, arbitration, appeals, or representation in any court proceeding unless expressly agreed in writing.

2. REPRESENTATIVE'S DUTIES

Representative shall exercise professional judgment, use reasonable skill and diligence, keep Client reasonably informed of significant developments, and promptly comply with Client's reasonable requests for information. Representative will explain mediation procedures and settlement options and will advise Client regarding the legal consequences of proposed terms.

3. CLIENT'S DUTIES

Client shall cooperate with Representative, provide complete and truthful information and documents necessary for effective representation, attend scheduled mediation sessions, and consider Representative's advice in good faith. Client understands that Representative cannot guarantee any particular result.

4. FEES, RETAINER, AND EXPENSES

Client agrees to compensate Representative as follows. Select one fee arrangement and provide the applicable amounts:

Hourly: Rate $ per hour for time spent by Representative and staff, billed in increments of 0.1 hour.

Flat Fee: $ payable as follows:

Client shall also be responsible for costs and expenses reasonably incurred in connection with the mediation, including but not limited to mediator fees, filing fees, administrative charges, travel expenses, expert fees, copying, and courier charges. Estimated mediation administrative costs: $ .

A retainer in the amount of $ is required before Representative's substantial performance. The retainer will be held in Representative's trust account and applied to fees and costs; any unearned portion will be refunded following final accounting.

5. MEDIATION FEES AND THIRD-PARTY COSTS

The parties acknowledge that mediator fees and administrative costs are separate from Representative's fees. Client is responsible for timely payment of Client's share of the mediator's fees as required by the mediator or mediation administrator. Representative may advance such third-party costs on Client's behalf but shall be reimbursed by Client upon demand.

6. CONFIDENTIALITY AND MEDIATION PRIVILEGE

The parties acknowledge that communications made during mediation may be privileged or confidential under applicable law. Representative will not disclose confidential mediation communications except as authorized by Client, required by law, or necessary to defend Representative in a dispute concerning fees or the representation. Settlement offers made during mediation shall not be admissible to prove liability in subsequent proceedings except as required to enforce a signed settlement agreement.

7. CONFLICTS OF INTEREST

Representative has made reasonable inquiries and does not currently know of a conflict that would materially limit the representation. If a conflict arises, Representative will promptly disclose it to Client. Client may consent in writing to any proposed waiver of a conflict. Representative reserves the right to withdraw if a non-waivable conflict is discovered.

8. TERMINATION; EFFECT OF TERMINATION

Either party may terminate this Agreement at any time upon written notice to the other. Upon termination, Client shall remain liable for all fees and costs incurred through the date of termination and for any obligations set forth in any settlement or other agreement reached prior to termination. Representative will provide a final accounting, return Client documents as required by law, and retain copies as permitted.

9. LIMITATION OF LIABILITY

Except for willful misconduct or gross negligence, Representative's liability to Client for any claim arising out of this Agreement or the representation shall be limited to the total fees paid by Client to Representative under this Agreement. In no event shall Representative be liable for consequential, special, punitive, or incidental damages.

10. NOTICES

Notices shall be in writing and shall be deemed given when delivered personally, sent by nationally recognized overnight courier, or mailed by certified mail, return receipt requested, to the addresses set forth above or to such other address as either party may specify in writing.

11. AMENDMENTS AND WAIVER

This Agreement may be amended only by a written document signed by both parties. No failure or delay by either party in exercising any right under this Agreement shall operate as a waiver of that right, nor shall any single or partial exercise of any right preclude further exercise of that or any other right.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY; COUNTERPARTS

This Agreement shall be governed by and construed in accordance with the laws of the state identified below without regard to conflict of law principles. The parties agree that the law of that state will govern substantive and procedural matters arising from this Agreement.

Governing State:

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

13. ACKNOWLEDGMENTS

Client acknowledges receipt of a copy of this Agreement, has had an opportunity to ask questions, and understands the terms, including the fee arrangement and the limitations set forth herein. Client authorizes Representative to communicate with Client by electronic means at the contact information provided.

Client Electronic Contact:

Client confirms: Consent to electronic communications and electronic signatures.

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