EFTA00586685.pdf

ill AMERICAN MEDIATION INSTITUTE P.O. BOX 6832 ST. THOMAS. U.S. VIRGIN ISLANDS 00804 VIA FACSIMILE AND EMAIL June 12, 2012 TO: Denise Francois, Esq. Treston E. Moore, Esq. A.J. Weiss, Esq. Britain H. Bryant, Esq. FM: Nancy Clark RE: Jeffrey Epstein and L.S.J., LLC v. Fancelli Paneling, Inc., J.P. Molyneux Studio, Ltd. Civil No. ST-10-CV-443 This will confirm the mediation of the above matter on Friday, July 13, 2012 at 9:30 A.M. with Britain H. Bryant, Esq. as the Mediator. The location of the mediation will take place at the Law Office of Hodge & Francois. Attorney Bryant's mediation fee is $400.00/hr. (two hour minimum) plus airfare, travel time and document review divided equally between counsel. We ask each attorney to forward a deposit in the amount of $450.00 on or before July 6, 2012. Additionally, Attorney Bryant requests counsel for each party forward a brief ex parte summary of the case. Please forward the summary to Attorney B ant's office. Please forward the summary no later than July 10, 201 If you have any questions, please contact AMI. EFTA00586685 MEDIATION AGREEMENT This is an Agreement to mediate signed by Britain H. Bryant, Esq. of American Mediation Institute, Jeffrey Epstein, L.S.J., LLC, Fanelli Paneling, Inc. and J.P. Molyneux Studio, Ltd; the parties. The matter to be mediated is the settlement of a dispute involving the parties. The Mediation will be conducted according to this Agreement. The purpose of this Agreement is to ensure that the parties to the mediation understand the nature, costs and terms of the mediator's services as well as the responsibility of the parties and the mediator to maintain the confidentiality of the mediation process. The parties agree to abide by the following understanding: Parties Initials: I understand that the mediator, although an attorney at law, does not and will not give legal advice while working as a mediator. The mediator is not my lawyer, but is employed only to assist us both as a mediator, facilitating discussions and negotiations. The mediator has encouraged me to employ legal and other professional counsel as I see fit to assist me in the mediation. I agree that I will not, at any time (before, during, or after mediation of this dispute), call the mediator as a witness in any proceeding concerning this dispute. Further, I agree that the mediator and all adverse parties have a privilege to refuse to testify and to prevent each and all others from testifying about communications of any kind made during any aspect of the mediation. I understand that the mediator is not employed to, or is expected to make any decisions for me. I do not expect the mediator to act as a judge for me. I agree that the mediator shall have the same immunity and protection from law suits from damages and other relief as a judge of a Superior Court or District Court of the United States Virgin Islands. Any attempt to break or question this Agreement in a court shall entitle the mediator to a judgment against the party breaching this Agreement or raising such questions, for the amount of the reasonable attorney's fees and the court costs and expenses incurred by the mediator as the result of such proceedings. I agree not to disclose to anyone, at any time, any communication made and documents produced during the mediation proceedings except for the disclosure of any settlement agreement, which is ultimately signed by the parties to the mediation. All statements made in mediator follow-up thereafter at anytime prior to complete settlement of this matter are privileged settlement discussions and are non- discoverable and inadmissible for any purpose including in any legal proceeding. I am EFTA00586686 Page two Mediation Agreement Jeffrey Epstein and L.S.J., LLC v. Fancelli Paneling, Inc., J.P. Molyneux Studio, Ltd. Civil No. ST-10-CV-443 however free to discuss any communication made during the mediation proceedings with my attorneys, CPA's, religious and mental health counselors, provided that they are bound not to disclose these communications to third parties who could be required to disclose them to others. I understand that American Mediation Institute will charge us at the rate of $400.00 per hour, (Two hour minimum) plus airfare, travel time and document review to be divided equally between counsel. I also agree to remit any balance due at the immediate conclusion of the mediation. The attorneys are equally responsible with their client(s) for the mediation fee as acknowledged by their signature. It is understood that the mediator may terminate or continue the mediation any time. The mediator shall not be required to disclose the reason for terminating or continuing the mediation, but may do so to the extent deemed appropriate. Jeffrey Epstein and L.S.J., LLC Party BY: Representative and/or Counsel Date Fancelli Paneling, Inc. Party BY: Representative and/or Counsel Date J.P. Molyneux Studio, Ltd. Party BY: Representative and/or Counsel Date ACCEPTED Britain H. Bryant, Esq. Mediator American Mediation Institute Date EFTA00586687