MEDIATION AGREEMENT Re: Case No. THE UNDERSIGNED parties and their attorneys hereby agree that the above matter shall be
submitted to a mediated settlement conference to be conducted by Daniel R. Denton (Mediator) for the purpose of compromising, settling or resolving disputed claims, and further acknowledge that: 1. Mediation Proceedings.
This is a voluntary, non-binding mediation. The Mediator's role is to encourage and facilitate dialogue, provide guidance, assist the parties in clarifying their interests and in understanding their differences, and to work towards a
mutually acceptable and binding resolution. He will not act as a judge, fact finder, arbitrator, nor advocate for any party. He will have no authority to impose a settlement, and will not give legal advice or legal
counsel. The parties have retained and will rely upon their own legal counsel and others with necessary expertise to give them advice as needed and will not look to the Mediator for such assistance. The parties will allocate
adequate time for the mediation conference. 2. Participants. It will be necessary that all individual parties and any corporate agents with adequate discretion, authority, and information to resolve the matter be present
for the entire process. Any non-party insurance company that has not offered policy limits must also be present through a representative with authority and discretion to settle up to policy limits.
3. Good Faith. The parties agree to act in good faith in all aspects of the mediation and negotiation and to participate fully in the search for an acceptable resolution to the issues involved. Each participant agrees to
seek to understand the other points of view, concerns, and interests as completely as possible and to convey his or her own point of view, interests, and concerns as clearly as possible, so they may be understood. Personal attacks,
prejudicial statements about others, and statements that demean or are dismissive of others will not be tolerated. 4. Information Exchange. All participants agree not to withhold relevant information that is readily
available to them. If a participant believes that he or she cannot or should not release information, the participant will provide either the substance of the information in some form (such as by aggregating data, by deleting nonrelevant
confidential items, by providing summaries, or by furnishing it to the mediator to use or abstract) or will provide a general description of it, together with the reason for not providing the information directly. 5. Confidentiality.
To promote frank and productive discussion, the participants and their organizations agree that the mediation process shall be confidential and all written or oral communications made during it shall be treated as privileged
settlement discussions. Specific offers, proposals, terms of agreement, or other statements made during the mediation process, and all documents prepared solely for use in connection with the mediation, may not be used by either the
participants or their organizations for any other purpose, and are nondiscoverable and inadmissible in any subsequent proceeding. 6. No Mediator Disclosure or Testimony. The mediator shall not be compelled by subpoena or
otherwise to divulge any records or to testify in regard to the mediation in any adversary proceeding or judicial forum. Any information
7. Right to Withdraw. Any party may withdraw from the mediation at any time
without prejudice. The mediator may withdraw with the parties' consent or for good cause. Good cause may include a breach of these mediation ground rules, the parties' refusal to cooperate with the mediator, or any other fact or
circumstance that would render the mediator's continuing work unethical or unlawful. If any party withdraws, the mediation shall be terminated. However, the mediator may confer with the withdrawing party to determine whether
rescinding the withdrawal is possible. 8. Fees. The Mediator shall be compensated at the rate of $______ per hour for his services, plus reimbursement for actual costs incurred, which fees and costs will be shared equally
between the parties. The attorney and his or her client are jointly and severally liable to Daniel R. Denton, PC for payment of fees and costs. If mediation is canceled within 24 hours of the day of the scheduled matter, Mr. Denton
reserves the right to impose a cancellation charge of one-half of the fees for the scheduled session to the party or parties responsible. The exceptions to this policy are if the cancellation is beyond the control of a party or if it is
by agreement of all the parties and Mr. Denton. The contract to retain Mr. Denton's services is entered into at Beaufort, South Carolina. 9. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, and all of which together shall be deemed to be one and the same instrument. Dated _______________________, 20 ___, and signed before commencement of the mediated settlement conference by each of
the persons whose signatures appear below. _________________________ ___________________________ ________________________ ___________________________
Plaintiff(s)
Defendants) _________________________ __________________________ Attorney for
Plaintiff(s) Attorney for Defendant(s)
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Daniel R. Denton, PC
Attorney & Mediator
P.O. Box 850
Beaufort, SC 29901
843.524.9445
DanDenton@Lawyer.com
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