FEE MEDIATION SETTLEMENT AGREEMENT

___________________ (Petitioner) and ___________________ (Respondent)

CONTRA COSTA COUNTY BAR ASSOCIATION
ATTORNEY FEE DISPUTES PROGRAM

Case No:

Client: ________________________ Attorney: ________________________

The client and the attorney agree to settle this fee dispute and accept the following terms and conditions:

The following issues are covered by this Mediation Agreement:

The following issues, if any, are not covered by this Mediation Agreement:

SETTLEMENT

(1) The parties agree that the arbitration/mediation filing fee of $_______ shall be apportioned as follows:

[Client] [Non-Client] shall pay $_______ and Attorney shall pay $_______ of the mediation filing fee.

(2) Select one:

□The parties agree that [Client] [Non-Client] [Attorney] ____________________ shall [pay] [refund] $ _______ to [Client] [Non-Client] [Attorney] ____________________ who shall accept such payment in full settlement of the covered issues as noted above. (In the event payment is to be made by a law firm, an individual attorney, who shall have primary responsibility for making the payment, shall be named.)

OR

□Nothing further shall be paid by either attorney or client.

(3) If a lawsuit is pending,

□ (A) Judgment may be entered immediately based on this agreement.

OR

□ (B) Judgment may be entered if there is a breach of any terms of the agreement.

(4) Complete, final and binding agreement:

The parties herein agree that they have reached a full and final settlement of all disputes between these parties regarding fees or costs. This Settlement Agreement is binding and it contains the material terms of the agreement between the parties and, if necessary for enforcement, shall be exempt from confidentiality. The original of this agreement shall be filed with the Bar Association under whose supervision this mediation was conducted, and for purposes of enforcement a copy of this agreement can be used with the same force and effect as the original. If a lawsuit is pending, this agreement may be enforced under Code of Civil Procedure §664.6. To the extent required to enforce this agreement, pursuant to Evidence Code §1123(a), the parties agree that this Settlement Agreement is exempt from the confidentiality provisions of Evidence Code §1152, et seq. and is admissible in evidence to enforce the settlement.

DATED: ____________ _____________________________
CLIENT or NON-CLIENT

DATED: ____________ _____________________________

RESPONSIBLE ATTORNEY

WITH RESPECT TO ANY ISSUES ON WHICH AGREEMENT HAS NOT BEEN REACHED, THE MEDIATOR SHALL ON A SEPARATE STATEMENT INFORM THE FEE ARBITRATION COMMITTEE SO THAT THE MATTER CAN BE DOCKETED FOR FEE ARBITRATION ON THOSE ISSUES.