Contract analysis

1. APPOINTMENT OF MEDIATOR 1.1. The Parties stipulate to the appointment of the Honorable Constance Adler (Ret.) as the mediator in this proceeding (the "Mediator"). 1.2. The Mediator is affiliated with the Westside Dispute Resolution Center, located at 11400 West Olympic Boulevard, Suite 550, Los Angeles, California 90064. 1.3. The Mediator has confirmed to all Parties, through their respective counsel, that she has

2. SCOPE OF MEDIATION 2.1. The mediation shall encompass all disputed issues in this proceeding, including but not limited to the following: (a) The appointment of an administrator of the Estate, including whether Petitioner, one or more of the Contestants, or a neutral third party should be appointed as administrator, and the terms and conditions of any such appointment; (b) The characterization of Estate assets as

3. MEDIATION SCHEDULE 3.1. The Parties agree that the first mediation session shall be scheduled to occur within thirty (30) days of the date of the Court's entry of the Order approving this Stipulation. The Mediator shall coordinate with counsel for both sides to select a mutually convenient date for the first session within that time frame. 3.2. The Mediator shall have discretion to schedule additional mediation se

4. MEDIATION BRIEFS 4.1. Each side shall submit a confidential mediation brief to the Mediator no later than seven (7) calendar days before each scheduled mediation session. 4.2. Mediation briefs shall be submitted directly to the Mediator and shall not be served on opposing counsel or parties. All mediation briefs shall be for the Mediator's use only and shall be treated as confidential mediation communications. 4.3

5. CONFIDENTIALITY 5.1. All communications, whether written or oral, made during or in connection with the mediation, including without limitation mediation briefs, settlement offers, counteroffers, proposals, position statements, and any statements by the Parties, their counsel, or the Mediator, shall be confidential and shall be privileged under California Evidence Code sections 1115 through 1128, inclusive. 5.2. N

6. GOOD FAITH PARTICIPATION 6.1. Each Party agrees to participate in the mediation in good faith and to make a genuine effort to resolve the disputes that are the subject of this proceeding. Good faith participation requires, at a minimum, attendance at all scheduled mediation sessions, preparation and submission of mediation briefs as required under Section 4, and a willingness to engage in meaningful negotiations.

7. COST-SHARING 7.1. The Mediator's professional fees and related costs shall be shared equally between Petitioner and Contestants as follows: fifty percent (50%) of all such fees and costs shall be borne by Petitioner, and fifty percent (50%) shall be borne collectively by the three Contestants, to be apportioned among themselves as they may agree. 7.2. The administrative costs of the Westside Dispute Resolution Cen

8. EFFECT ON LITIGATION DEADLINES 8.1. During the pendency of the mediation process, the Parties agree that no new motions, applications, petitions, or discovery requests shall be filed or served without the prior written agreement of both sides or leave of the Court upon a showing of good cause. This agreement to refrain from filing shall take effect upon the Court's entry of the Order approving this Stipulation and

9. TERMINATION OF MEDIATION 9.1. The mediation may be terminated at any time by the Mediator if, in her sole and reasonable discretion, she determines that further mediation efforts would not be productive or that the Parties have reached an impasse that is unlikely to be resolved through continued negotiations. 9.2. Any Party may withdraw from the mediation after the conclusion of the first mediation session by prov

10. NO WAIVER 10.1. Participation in the mediation shall not constitute a waiver of any Party's rights, claims, defenses, objections, or privileges in this proceeding or in any other proceeding. Each Party expressly reserves all rights and defenses available under applicable law. 10.2. No statement, offer, proposal, or position taken by any Party during the mediation shall be construed as an admission or used to esto

11. BINDING SETTLEMENT 11.1. Any settlement reached during the mediation shall not be binding on any Party until it has been reduced to a written settlement agreement and signed by all Parties and their respective counsel of record. 11.2. The Parties agree that oral agreements, handshake agreements, or memoranda of understanding that have not been signed by all Parties and counsel shall not be enforceable as binding

12. MISCELLANEOUS PROVISIONS 12.1. Modification. This Stipulation may be modified, amended, or supplemented only by a written instrument executed by all Parties and filed with and approved by the Court. 12.2. Governing Law. This Stipulation shall be governed by and construed in accordance with the laws of the State of California. 12.3. Notices. All notices required or permitted under this Stipulation shall be in writ

1. The Stipulation for Mediation, filed on March 10, 2023, is APPROVED and shall be effective as of the date signed below by the Court.

2. The Honorable Constance Adler (Ret.) of the Westside Dispute Resolution Center, 11400 West Olympic Boulevard, Suite 550, Los Angeles, California 90064, is hereby APPOINTED as mediator in this proceeding, subject to the terms and conditions set forth in the Stipulation.

3. The Parties shall comply with all terms and conditions of the Stipulation, including but not limited to the provisions governing confidentiality, good faith participation, cost-sharing, and the effect of the mediation on litigation deadlines.

4. The first mediation session shall occur within thirty (30) days of the date of this Order.

5. The Parties shall file a joint status report with this Court within fourteen (14) calendar days following the conclusion of the mediation or the last mediation session, whichever is later. The joint status report shall advise the Court of the outcome of the mediation and, if the mediation did not result in a full resolution of all disputed issues, shall set forth a proposed schedule for further proceedings.

6. The Court retains jurisdiction over all matters in this proceeding, including the authority to set hearings, issue further orders, and manage the case as the Court deems appropriate. IT IS SO ORDERED. Dated: ________ ________________________________________ Judge of the Superior Court Department: __ Los Angeles County Superior Court In re the Estate of | Case No. 22STPB09714 TEODORO R. FONSECA, | STIPULATION AND [