Mediation Agreement

The undersigned hereby retain Robert L. Brown to serve as mediator in the above captioned action(s). The undersigned parties and/or their attorneys agree to pay the mediation fee of Three Hundred Fifty and 00/100 ($350.00) Dollars per hour divided equally between the parties (unless agreed upon otherwise). The mediator agrees to make himself available to conduct this mediation at a place(s) and time(s) to be agreed upon by the parties and the mediator. Said mediation to be conducted pursuant to the rules governing Court ordered mediation in South Carolina including the issuing of a timely report to the Court of the outcome of this mediation.

In order to facilitate the execution of this Agreement the parties each agree that the mediator will retain possession of the original of this agreement and each party will sign a separate page which will be returned to the mediator for attachment to the original agreement and copies of the complete agreement and signature pages attached will be returned to counsel for each party.

THE UNDERSIGNED PARTIES and their attorneys hereby agree that the above matter shall be submitted to a mediated settlement conference pursuant to the applicable rules, guidelines, and court orders, and further acknowledge that:

1. Communications during the mediated settlement conference are confidential, and the parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial or other preceding any oral or written communications having occurred in a mediation proceeding, including, but not limited to:

a. Views expressed or suggestions made by another party with respect to a possible settlement of the dispute;

b. Admissions made by another party in the course of the mediation proceeding;

c. Proposals made or views expressed by the mediator;

d. The fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator; or,

e. All records, reports or other documents created solely for use in the mediation.

2. The mediator may meet and consult individually with any party or parties or their counsel during the conference. Confidential information disclosed to a mediator in private session by parties or by witnesses in the course of mediation shall not be divulged by the mediator.

3. No communication by a party or attorney to the mediator in private session shall operate to waive any attorney-client privilege.

4. The mediator shall not be compelled by subpoena or otherwise to divulge any records or to testify in regard to the mediation in any adversary proceeding or judicial forum. All records, reports, and other documents received by the mediator while serving in that capacity shall be confidential.

5. The parties acknowledge that the mediator shall have no liability for any act or omission in connection with mediation conducted under these rules.

6. The parties understand that the mediator does not represent any party, and does not provide legal or financial advice. Parties not represented by counsel are urged to seek legal advice from an attorney and to obtain financial advice as needed from qualified professionals.