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"WE ARE 21ST CENTURY ADR"          


By clicking the "Reserve Mediation" button on the A/V On Line Mediation page of www.medi84u.com, the user agrees that all the terms and conditions of this Agreement shall apply to the use of this web site and the mediation which subsequently occurs on line, as follows:

    1. Mediator.  The mediator in this case will be the All American Dispute Resolutions On Line ("AADROL") Chief Mediator, or other AADROL mediator assigned by the Chief Mediator (“Mediator”), subject to the parties option to request a different mediator from AADR's listed mediators.

    2. Date, Time and Location. The mediation will take place on the day of the reservation, subject to the parties' right to request the mediator to mediate on a different mutually agreeable date and time.

    3. Governing Law.  This agreement is governed by and shall be interpreted in accordance with the laws of the State of California.  Venue for all purposes shall be in Kern County Superior Court. This mediation is subject to California Evidence Code § 703.5 and 1115-1128.

    4.  Mediator’s Role.  The parties understand that the mediation process involves the services of the Mediator as a neutral person to facilitate communications by and between the parties to assist them in reaching a mutually agreeable resolution of this matter.  The parties recognize that the Mediator is acting in the capacity of a neutral intermediary and a settlement facilitator, and that the Mediator is not an advocate.  All parties acknowledge that they understand that the Mediator is not being retained to give legal advice and that any statements made by the Mediator will not be considered as such.  Furthermore, all parties acknowledge that they are represented by counsel who are providing them with legal representation in this matter, and that they will look solely to their retained counsel for legal advice in this matter. The Mediator shall not be held liable, and is hereby released, for any statements, opinions, suggestions, or conclusions expressed in his role as a Mediator, as well as for any acts, errors or omissions of any kind.

    5. Voluntary Participation.  All parties acknowledge that they are entering into this process voluntarily and of their own free will.  This mediation is a private mediation and the parties acknowledge and confirm that the Mediator has been selected, agreed upon, and retained by the parties and that the Mediator was not selected, appointed or referred to the parties as part of any court mediation program.

    6.  Disclosure and Waiver of Conflicts of Interest.  The Mediator hereby makes the following disclosures:

    To the best of the Mediator’s knowledge and recollection, and based on a review of AADROL’s records, there is no material information to disclose regarding this matter based on the information provided by the parties to the date hereof. The parties and their counsel hereby acknowledge that they have undertaken all investigation and due diligence they deem necessary regarding the use of this Mediator, and agree that any further disclosures requirements are hereby waived.  The undersigned further agree that any basis for disqualification of the Mediator due to these disclosures are waived, and that AADROL's Chief Mediator Jack A. Draper, or other AADROL mediator designated by him,  may sit as the sole mediator in this matter and that both Mediator and AADROL are forever released, and will be fully defended and indemnified, from any and all liability and or damages, regardless of nature, arising from Mediator’s sitting as a mediator herein.

    By signing this mediation agreement, each of the undersigned and their clients and/or representatives hereby waive(s) any actual or perceived conflict which Mediator may have by virtue of disclosures contained herein,  or by virtue of any past or current affiliations with counsel herein, and agree that Mediator may proceed to act as a neutral Mediator in this matter.  The Mediator has offered to provide additional  information regarding each of these disclosures upon request and none has been requested.   The counsel and parties hereby acknowledge that they have undertaken all investigation and due diligence they deem necessary regarding the use of this Mediator, and agree that any further disclosures requirements, regardless of nature or type, are hereby waived and that the Mediator and AADROL, will be held harmless and indemnified from any and all claims, causes of action or suits arising out of any claim or assertion of a conflict of interest on the part of the Mediator or AADROL.

    7. Confidentiality.  All parties and their counsel understand that the mediation is a confidential process.  All statements and discussions occurring during the mediation process are inadmissible as evidence in any later legal proceeding, and the parties agree that the Mediator shall not be compelled, in discovery, arbitration, administrative proceedings, civil action, or in any other legal proceeding, to give testimony or disclose evidence of the mediation proceedings.  Should any party attempt to subpoena or otherwise compel the Mediator to testify or provide or disclose evidence obtained during or as part of the mediation process, that party shall be responsible to pay the reasonable attorneys’ fees and costs incurred by the Mediator pursuant to Evidence Code § 1127.  Said party also agrees to reimburse the Mediator, at his hourly rate, for all time spent responding to any such subpoena or other legal or administrative process to compel testimony or evidence.

    Evidence otherwise admissible or subject to discovery outside of mediation shall not be or become inadmissible or protected from disclosure solely by reason of its introduction into or use during the mediation process.  It is agreed and understood that this agreement itself is admissible in any other proceeding to enforce a settlement or protect confidentiality. 

    8. Settlement.  The Mediator will facilitate the negotiations, but is not responsible for preparing a written or enforceable settlement agreement.  This is a job for the lawyers involved.  Before signing a written settlement agreement, the mediating parties shall obtain a review of the agreement by their legal counsel and will look to their attorneys for advice on the form and substance of any such settlement agreement.  Any written settlement agreement prepared by the parties during or as a result of the mediation process is intended to be binding and subject to enforcement pursuant to California Code of Civil Procedure § 664.6.       

    9. Fees of Mediator.  Unless otherwise agreed in advance of the mediation, the parties to this dispute shall share equally, on a pro-rata basis, the costs and fees of the Mediator, as set forth on AADROL's web site store (shop.mediate4u.com), the terms and conditions of which are incorporated herein by reference as though fully set forth in this agreement.  The parties and counsel for the parties, agree to be joint and severely responsible  for the payment of  any fees and costs of the Mediator not already paid for at the foregoing web site store and to satisfy any outstanding amounts owing in the event of a default by any party to this agreement.

   10. Cancellation/Continuance Policy:

        Full refund if written cancellation or notification of continuance received at least 3 calendar days prior to mediation/arbitration.  Otherwise, reservation payment is non-refundable.   

    11. Billing/Payments:

        Any amount due for Mediator’s mediation services hereunder after crediting the parties’ respective deposits will be billed promptly after the mediation date to the responsible parties. Each party agrees that any amounts billed by Mediator are due upon receipt of such billing and agrees to promptly pay such billing. The AADROL Tax I.D. No. for payments is 77-0445803.

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