AGREEMENT TO MEDIATE CONFIRMATION

[NOTE TO MEDIATOR:  Although sent on your letterhead, this Agreement to Mediate must be duplicated exactly as written here.  Areas to be customized for the mediation are in bold.  Note that you must fill in your hourly rate on page two, not to exceed $150.00 per hour.]

DATE

[PARTY A: Name & Mailing Address]

[PARTY B: Name & Mailing Address]

            RE:     (Petitioner) and (Respondent)

                        Contra Costa County Bar Association Attorney Fee Dispute Program

Dear Parties:

Thank you for agreeing to mediate your dispute under the Contra Costa County Bar Association’s Fee Mediation Program. As agreed, the date, time and place for the mediation are as follows:

        DATE:

            TIME:

            PLACE:

            TELEPHONE:

Four hours have been set aside for the mediation conference.

As a mediator, I am a neutral facilitator whose objective is to assist each of you in exploring your own interests, understanding the perspective of the other, and, if possible, reaching an agreement that you consider satisfactory.  I will not act as advocate for any party and will not decide any issue or make any rulings in this case.

You are welcome to bring an attorney or other advisor to the mediation.  Every person whose agreement is necessary to settle this matter must be present.

Many parties can reach settlement in the four hours scheduled for this session.  If you elect to continue beyond the initial four hours, as mediator, I may extend the initial session, schedule an additional meeting, or arrange to work with you over the phone.  I will bill you $_____.00 [NOTE: NOT TO EXCEED $150.00] per hour for those additional hours, which will be split equally between you unless you agree otherwise.

You may each send me a brief three page summary of the dispute at least five days prior to the mediation.  A copy of the summary should also be sent to the other parties at the same time. Please feel free to bring to the mediation any supporting documents or other materials that you feel will aid you in explaining or clarifying your position.    

A copy of the “Agreement to Mediate”, which is required by the State Bar of California and that included Section 703.5 and Section 1115 et. seq. from the California Evidence Code, and Section 6203(d) of the Business and Professions Code signed by all parties to this matter was forwarded to me by the Contra Costa County Bar Association upon my assignment (the original is on file at their office).  Please carefully review this agreement.  If you have any questions concerning any of its contents, please feel free to contact me directly.

 [Your closure and signature]

                                                                              F:\Documents\Mediation\Forms\Confirmation of Agreement To Mediate 9 2002.doc