Contra Costa County Bar Association

AGREEMENT TO MEDIATE AN ATTORNEY/CLIENT FEE DISPUTE
PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTIONS 6200-6206

Client: ________________________            Attorney________________________

The client and the attorney agree to participate in this mediation and to abide by the following terms and conditions.

1.      We understand that the CONTRA COSTA COUNTY BAR ASSOCIATION will appoint the mediator(s) to facilitate our dispute.

2.      We have read and agree to abide by the rules of procedure for this program.

3.      We understand that except under the limited circumstances permitted by Evidence Code Section 703.5 no mediator shall be a witness in any litigation that may result from this mediation.

4.      We agree that pursuant to Evidence Code Section 1115 et. seq. the mediation conference is entirely confidential, and there shall be no disclosure of any statement made or document created during the mediation in any later civil action or proceeding.  We further agree that, except as set forth in number 6 below, no statement made or document created during the mediation shall be relied upon or introduced as evidence in any arbitration, administrative hearing or judicial or other proceeding.

5.      We agree that if we reach a resolution, or partial resolution of the dispute, our agreement shall be put in writing and signed by us.  We agree that the writing shall include (a) the amount Attorney agrees to refund to Client; OR the amount Client agrees to pay Attorney; OR whether nothing should be paid to any party; (b) the full name of the individual attorney responsible for any refund to Client; and (c) the amount of any allocation of the filing fee in reaching this agreement.

6.      We agree that, notwithstanding Evidence Code Section 1123, once any written agreement reached between us in the course of this mediation has been signed by us, it will be admissible in evidence and subject to discovery for the following purposes: (a) in the event of an alleged breach of this agreement and (b) any State Bar enforcement proceeding under Section 6203(d) of the Business and Professions Code .

Signed:  _____________________________________       Date: __________________

               Client

Signed:  _____________________________________       Date: __________________

               Attorney

THE CODES IN THIS DOCUMENT  ARE LINKED TO THE "CALIFORNIA LAW" WEBPAGE.  CLICK THE REFERENCED CODE BOOK AND ENTER THE SECTION NUMBER IN THE SEARCH BOX TO ACCESS THE CURRENT CODES.

F:\Documents\Mediation\Forms\Agreement to Mediate 2002.doc