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FEE
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ATTORNEY FEE DISPUTES PROGRAM
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 mediation filing fee of $_______ shall be apportioned
as follows:
Client
shall pay $_______ and Attorney shall pay $_______ of the mediation filing fee.
(2)
Select one:
□The
parties agree that _________________________ [client] [attorney] shall [pay]
[refund] to _________________________ [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.
Payment
will be made as follows (set out date and amount of each payment):
CONFIDENTIALITY
The
parties understand and agree that the mediation proceedings which took place in
this matter are confidential and have been advised of the confidentiality
provision under the California Evidence Code § 1119:
1119. Except as otherwise provided in this chapter:
(a) No evidence of anything said or any admission made for the purpose
of, in the course of, or pursuant to, a mediation or a mediation consultation is
admissible or subject to discovery, and disclosure of the evidence shall not be
compelled, in any arbitration, administrative adjudication, civil action, or
other noncriminal proceeding in which, pursuant to law, testimony can be
compelled to be given.
(b) No writing, as defined in Section 250, that is prepared for the
purpose of, in the course of, or pursuant to, a mediation or a mediation
consultation, is admissible or subject to discovery, and disclosure of the
writing shall not be compelled, in any arbitration, administrative adjudication,
civil action, or other noncriminal proceeding in which, pursuant to law,
testimony can be compelled to be given.
(c) All communications, negotiations, or settlement discussions by and
between participants in the course of a mediation or a mediation consultation
shall remain confidential.
THIS SETTLEMENT AGREEMENT IS BINDING AND
ENFORCEABLE AND, IF NECESSARY FOR ITS ENFORCEMENT, IS ADMISSIBLE AS EVIDENCE OR
OTHERWISE SUBJECT TO DISCLOSURE. The parties agree that the original of this agreement will be filed with
the Bar Association under whose supervision this mediation was conducted, and
that for purposes of enforcement a copy of this agreement can be used with the
same force and effect as the original.
DATED: ____________
_____________________________
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.
F:\Documents\Mediation\Forms\FEE
MEDIATION SETTLEMENT AGREEMENT AUG 2002.doc