, the undersigned parties, hereby agree to have mediation services provided by United States Arbitration & Mediation Midwest, Inc., (hereafter called USA&M), for the mediation between , in accordance with the following terms:

Mediation Procedures: USA&M will administer the mediation in accordance with its Mediation Procedures, which the parties acknowledge they have received. All parties recognize that mediation is voluntary and that the mediator has no authority to force a settlement on the parties.

Mediator: The parties agree that will be the mediator. The parties acknowledge that the mediator is an independent contractor, and not an agent or employee of USA&M Midwest, Inc.

Terms of Payment are as Follows: Any agreement to apportion fees in any different manner shall not be binding on USA&M Midwest without the written consent of USA&M Midwest. The parties agree to pay a $150.00 per party administrative fee and the mediator's fee of per house. All monies shall be due upon the receipt of the bill. In the event of non payment of any amount due and the matter should be turned over to an attorney for collection, the delinquent party shall be responsible for all costs of collection, including a reasonable attorney fee.

Consulting with Attorneys: During or between mediation sessions and before finalizing an agreement, participants are encouraged to consult with attorneys regarding their legal rights and obligations. The parties recognize that neither USA&M Midwest nor the mediator are giving legal advice or legal counsel, or analyzing anyone's legal rights, and accordingly agree and acknowledge that at the mediation session(s) and at every other point in the proceedings neither USA&M Midwest nor the mediator: (a) will be acting as legal advisor or representative for any party; (b) has a duty to recognize, assert, analyze, or protect any legal right or obligation, including, but not limited to, lien rights, statues of limitation or any other time limit or claim requirement; (c) has a duty to make an independent expert analysis of the situation or raise issues not raised by the parties, or to determine that additional necessary parties should participate in the mediation; and (d) can guarantee that the mediation session will result in settlement.

Caucuses/Private Sessions: The mediator may hold sessions with only one party. These "caucuses" are designed to improve the mediator's understanding of the participant's position. Information gained through the private session may be disclosed to the other party, unless a participant requests that it be kept confidential.

Confidential: The parties recognize that mediation sessions are settlement negotiations, and that settlement negotiations are inadmissible in any litigation or arbitration of their dispute, to the extent allowed by law. The parties will not subpoena or otherwise require the mediator or USA&M Midwest to testify or produce records, notes or work product in any future proceeding.

Admissability of Agreement: All Parties agree that USA&M Midwest, Inc. may introduce this agreement into evidence without objection not withstanding the provisions of Missouri Supreme Court Rule 17 and Section 435.014 R.S. Mo.

This agreement shall be interpreted and enforced pursuant to the laws of the State of Missouri.

DATED:

Copyright 1997, United States Arbitration & Mediation Midwest, Inc.