COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : STATE OF SOUTH CAROLINA Index No. Calendar No. ) IN THE COURT OF COMMON PLEAS : ) JUDICIAL SUBPOENA Plaintiff(s) RICHLAND COUNTY ) FIFTH JUDICIAL CIRCUIT -against: ) ) : ) AGREEMENT Plaintiff ) REGARDING MEDIATION PROCEDURES : ) Defendant(s) : . .vs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .). . . . . . . . . . . . . .. ) ) THE PEOPLE OF THE STATE OF Defendant NEW YORK ) ) Docket No. TO 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 GREETINGS: court orders, and further acknowledge that: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court 1. Communications during the mediated settlement conference are confidential, and the parties located at County maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in of shall inany arbitral, judicialthe otherday of room , on or , 20 , at o'clock in the noon, and at in proceeding any oral or written communications having occurredanyarecessed ormediation date, to testify and give evidence limited to: in this action on the part of the adjourned proceeding, including, but not as a witness (a) Views expressed or suggestions made by another party with respect to a possible settlement subpoena is punishable as a contempt of court and will make you liable to Your failure to comply with this of the dispute; the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. (b) Admissions made by another party in the course of the mediation proceeding; Witness, Honorable (c) Proposals made or views expressed by the mediator; , one of the Justices of the Court in County, (d) day of , 20 The fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator; or, (Attorney must sign above and type name below) (e) All records, reports or other documents created solely for use in the mediation. Attorney(s) for 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 by parties or by witnesses in the course of mediation shall not be divulged by the mediator. Office and P.O. Address 3. No communication by a party or attorney to the mediator in private session shall operate to waive any attorney-client privilege. Telephone No.: 4. The mediator shall not be compelled by subpoena Facsimile No.: divulge any records or to or otherwise to testify in regard to the mediation in any adversary proceeding or judicial forum. All records, reports, E-Mail Address: and other documents received by the mediator while serving in that capacity shall be confidential. Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : 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 Defendant(s) 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. THE PEOPLE OF THE STATE OF NEW YORK ______, and signed before commencement of the Dated _______________________, 20 mediated settlement conference by each of the persons whose signatures appear below. TO ____________________________ ______________________________ ____________________________ ______________________________ GREETINGS: ____________________________ ______________________________ WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court Plaintiff(s) Defendant(s) located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this actionduring part of the The undersigned attorneys agree that communication on the the mediated settlement conference shall remain confidential pursuant to Rule 5(d), Rules of Mediation. ____________________________ ______________________________ Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Attorney for Plaintiff(s) Attorney for Defendant(s) the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. (If there are more parties or attorneys or others participating in the mediated settlement conference than provided for in the space above, they may sign below or on an additional page which shall be attached to this agreement. Witness, Honorable Court in County, , one of the Justices of the day of _____________________________ , 20 ______________________________ (Attorney must sign above and type name below) _____________________________ ______________________________ Attorney(s) for _____________________________ ______________________________ _____________________________ ______________________________ Office and P.O. Address _____________________________ ______________________________ Telephone No.: _____________________________ Facsimile No.: E-Mail Address: ______________________________ Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com