Contract analysis

1. Confirmation of Engagement and Appointment of Mediator I am pleased to confirm that the undersigned, Hon. Patricia Everwood (Ret.), has been jointly selected by the parties to serve as mediator in the above-captioned matter. I understand that this selection was made by agreement of counsel following the Court's entry of its Case Management Order directing the parties to participate in mediation prior to the schedu

2. Mediation Sessions — Dates, Time, and Location The mediation is scheduled for two consecutive days: Thursday, March 14, 2024 and Friday, March 15, 2024. Each day's session will commence promptly at 9:00 AM Eastern Time and will continue until such time as the mediator determines that adjournment is appropriate or the parties reach a resolution of some or all of the matters in dispute. Counsel and the parties shoul

3. Attendance and Authority Requirements The effectiveness of the mediation process depends critically on the presence of individuals who have full knowledge of the facts and who possess the authority to make binding settlement decisions. Accordingly, the following attendance requirements apply: a. General Requirement. Each party must attend the mediation in person or through a designated representative who has full

4. Pre-Mediation Submissions (Confidential Mediation Statements) To ensure that I am fully prepared and can facilitate the mediation as effectively as possible, each party shall submit a Confidential Mediation Statement to me no later than March 8, 2024 (six calendar days before the first mediation session). a. Confidentiality of Submissions. Each Confidential Mediation Statement should be clearly marked on its face:

5. Mediation Fees and Expenses a. Total Mediation Fee. The total estimated mediation fee for the two-day mediation session is $38,000.00. This fee covers the mediator's preparation time (including review of the Confidential Mediation Statements and any attached exhibits), the two-day mediation sessions on March 14 and March 15, 2024, and reasonable follow-up communications with counsel after the mediation, including

6. Confidentiality Provisions a. Governing Statute. The mediation shall be conducted in accordance with the confidentiality provisions of Florida Statutes § 44.405 (the Florida Mediation Confidentiality and Privilege Act) and all other applicable provisions of Florida Statutes §§ 44.401–44.406. The protections afforded by these statutes are supplemented by the additional confidentiality provisions set forth in this S

7. Mediator's Role and Limitations a. Neutral Facilitator. The mediator acts as a neutral facilitator of settlement discussions between the parties. The mediator has no authority to impose a settlement or to compel any party to agree to any particular terms. Any resolution reached at the mediation must be voluntarily agreed upon by the parties. b. No Decision on the Merits. The mediator will not render a decision on

8. Settlement Agreement a. Memorialization of Terms. If the parties reach a settlement of some or all of the claims in this action, the essential terms of the settlement shall be reduced to writing and signed by the parties and their respective counsel before the conclusion of the mediation session at which the agreement is reached. I will have a member of my staff available to assist with the preparation and printin

9. No Recording No audio, video, or photographic recording of any mediation session — whether in joint session or in private caucus — is permitted without the prior written consent of the mediator and all parties. This prohibition applies to all recording devices, including smartphones, tablets, laptops, and any other electronic devices capable of recording audio or video. Parties and counsel may take personal handwr

10. Governing Law This engagement letter and the mediation conducted pursuant to its terms shall be governed by the laws of the State of Florida, including, without limitation, Florida Statutes §§ 44.401–44.406 (the Florida Mediation Confidentiality and Privilege Act and related provisions). Any dispute arising out of or relating to this engagement letter shall be resolved in the courts of Miami-Dade County, Florida.

11. Acknowledgment and Agreement I look forward to working with all of you toward a resolution of this matter. I believe that mediation offers the parties a meaningful opportunity to address the issues in dispute in a confidential, constructive setting, and I will devote my full attention and best efforts to facilitating a productive dialogue. Please sign and return a copy of this engagement letter to my office no la