The undersigned parties agree voluntarily for a non-binding mediation before Hunter R. Hughes (the “Mediator”) concerning all disputes, claims, or demands arising out of or related to potential litigation entitled [Insert style of case] (the “Litigation”). The first in-person mediation session will begin at [Insert location and starting time]. It is understood that the role of the Mediator is to assist the parties in reaching agreement on such matters. The parties accept responsibility for any agreement they reach.

The parties have chosen the Mediator. The Mediator and the parties and their counsel confirm that they have no past or present relationship with the Mediator that would influence the Mediator’s impartiality and have disclosed to the other party any relationship with the Mediator that might reasonably give rise to a claim that the Mediator is impaired or biased as to any matters that are subject to this mediation.

Counsel for each party shall promptly exchange documents relating to this matter as agreed upon with each other or the Mediator and shall provide the Mediator with copies of cases, documents, and position papers as requested by the Mediator. The Mediator will have authority over all mediation procedural matters.

Counsel for each party agrees to have an individual present at the mediation that has full settlement authority consistent with the demand(s) in this case. When such an individual having such authority is not available, the other parties shall be notified in advance of the mediation. Subject to approval by the Mediator, non parties may attend as needed to contribute to the negotiations.

All parties and counsel agree that the mediation and all negotiations and communications related thereto constitute settlement discussions. Plaintiffs’ counsel shall advise the above identified named plaintiffs that this mediation is ongoing and each of them shall execute this agreement and be bound by the terms hereof. Plaintiffs’ counsel may further advise putative class members only that there are ongoing discussions among the parties relative to unresolved issues in the Litigation. Further, the Mediator, parties and their counsel shall make no statement of any type or nature, whether written or oral, to the news media, in social media, or to any other third party regarding the mediation. All statements by the parties, their counsel, and the Mediator relating to the mediation, and any documents created for or during these proceedings, are inadmissible and not discoverable for any purpose, in any pending or subsequent judicial, quasi-judicial, arbitration, or any other proceeding, absent consent of all parties, and absent such consent shall not be disclosed by the Mediator or any party or counsel to the press or otherwise made public. The Mediator will not be subpoenaed or requested to testify by any party or counsel in respect of the mediation without consent of all parties.

Notes and any other materials generated during the conference by the Mediator, the parties, or otherwise in connection with the mediation shall be confidential and will not be subpoenaed by any party. However, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

When a party or counsel meets alone with the Mediator, he or she will clearly inform the Mediator what statements or documents shall remain confidential, and what may be shared with the other party(ies). If such information is not provided the Mediator, it shall be presumed that all statements and documents provided to the Mediator may be shared with the opposing party and counsel.

The Mediator shall have the same immunity as judges under federal law, and the parties and their counsel jointly and severally agree to hold harmless and defend the Mediator in connection with any subpoena or other claims or demands against the Mediator arising out of this mediation.

There is no attorney/client relationship between the Mediator and any party or other person in the mediation and the Mediator does not provide legal advice.

Any party may at any time withdraw from the mediation on written notice to all other parties and the Mediator, or the Mediator may declare the mediation at impasse. In the event of such withdrawal or declaration of impasse, each party shall remain responsible for its share of the fees and expenses incurred by the Mediator up to the date of withdrawal/impasse, and shall remain subject to the other provisions of this agreement.

The parties and their respective counsel, jointly and severally, agree to promptly pay all the fees and expenses of the mediation. The fees and expenses are as set forth in the attached Fee and expenses schedule, post-mediation time in connection with this mediation, or any subsequent related judicial or other legal proceedings, will be billed at the rate of $750 per hour ($375 per hour for each side). Counsel for the parties understand and agree that counsel shall have the obligation to pay the fees and expenses of the mediation irrespective of whether counsel is reimbursed by its client. If there is any dispute between the parties relative to an allocation of responsibility for the Mediator’s fees and expenses, then each party shall pay one-half of such fees and expenses and shall resolve such dispute without the involvement of the Mediator.