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MEDIATION ACCRE EME 1T The undersigned panties agree as follows: f . The undersigned are parties or representatives of parties to the controversy identified as 4ginc urt, LLC v. Cion of Lake Elmo, .r. inn s ta; Washington `ou ty Court File No.: 82-CV-16-4897. They have agreed to seek- to resolve the ont o ers through mediation, . Each _party aelmowfedges that the mediator has given therm written notice that (a the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and e they should consult an attorney before signing a mediated settlement agreement if they are uncertain about their rights: 3. The parties fiuther aelc owled e that prior to the cdminencer ent of the mediation, they were provided with a written disclosure of the qualifications of the rrrediator, including'a description of the mediator's educational al background and relevant training and experience in mediation. The parties acknowledge that participation in the mediation is voluntary and may be terminated at any time by any party, their representative or the mediator upon notice to the other parties. The provisions o: the mediation statute with respect to the termination o mediation only upon ,written .notice are hereby waived. 5. The parties agree that a all statements, documents and disclosures made or revealed ,it the mediation will be treated as settlement discussions under~ the riles of`evidence and will be inadmissible by any person unless offered by the person giving the statement, revealing the document or making the disclosure; and: b the mediator will not be compelled to give testimony at a deposition or trial, or by other means or at other times, as to a matter learned through the mediation, except to prove the existence or terms of a settlement agreement `NvI ich i made at or through the mediation session or process. 6. 7rdess otherwise agreed in a signed Mediated Settlement Agreement, each mediation participant and their counsel are collectively responsible for their ,pro xata share of the mediator's fee;. In some instances, multiple parties with common interests represented by single counsel shall be considered a single mediation participant, and shall pay a single pro ratta share unless otherwise agreed during the mediation process. In some instances, a single party with multiple attorneys representing different interests or claims may be assessed several fractions of the fee, finless otherwise agreed duffing the mediation process, Final allocation of fees shall be in the mediator's reasoned discretion, which shall be exercised fairly under the mediation circumstances.