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T. W. PROCTOR & ASSOCIATES
ATTORNEY & MEDIATOR SERVICES

630 UVALDE ROAD
HOUSTON, TX 77015-3766

Terrell William "Terry" Proctor, J.D. licensed: Supreme Court of Texas; and in the
Attorney/Mediator So.Dist. Texas-Federal; U.S. 5th Circuit
Phones: (713) 453-8338 FAX (713) 453-3232
or 1-800-472-5721 eMail: auraman@swbell.net

MEDIATION SERVICES INFORMATION

MEDIATION FEE SCHEDULE
FEE SCHEDULE GOOD UNTIL CHANGED

NUMBER OF PARTIES

# Amount in Controversy 2 3 4 5 or more
A up to $250,000.00 495.00 395.00 345.00 325.00
B $250,001 to $2,000,000.00 750.00 650.00 550.00 500.00
C over $2,000,000.00 1,000.00 850.00 750.00 650.00

Amount and payment of Mediator's fee shall never be contingent upon the outcome of mediation.

Additional charges:

$45.00 per party additional charge, for use of alternate facilities at the Norman Roser Mediation Center, West of downtown Houston. Additional charges for other facilities will depend upon the added expense to the Mediator for such facility.

Actual out of pocket expense to the Mediator will be added to each party, for special requests by the parties and/or their attorneys, which are out of pocket costs to the Mediator. This may include additional time before or after mediation, additional paperwork, mailing, etc. at the request of the parties or attorneys. This is to cover the additional expense to the Mediator.

FACILITIES and OTHER INFORMATION

Glendale Mediation Center. This is our own facility, owned by T. W. Proctor, for which no added charge is made. We have this comfortable facility for your use, with free parking. Fees quoted cover refreshments (cold soft drinks and tea or coffee plus usually some snacks also) during the mediation session. Glendale Mediation Center is located 1 mile North of I.H.10 East at 630 Uvalde. Uvalde is approx. 15 miles East of downtown Houston and approx. 15 to 20 minutes driving time from the Harris County Courthouse complex. It is the best freeway in Houston to drive with little traffic slowdown.

Norman Roser's Mediation facility. These are located at 3203 Mercer, Suite #200, Houston, Texas 77027. This facility is a little closer to downtown. An additional fee shown above is charged to apply on the added cost of another facility.

Other Mediation facilities. Mediator will mediate in any suitable location. Added charges will apply, if there is added cost for other a different location or if distant, then for travel and other expenses in connection with such alternative location.

Mediation sessions outside of Harris County Area. The mediation fees above do not include expenses of travel, meals and lodging outside of the Harris County Area, or the rent of some other mediation facility, if necessary. Such costs will be shared equally among the parties, as an additional charge to the above mediator's fees, if those expenses are incurred in your mediation. Add $50/hour for travel time of the Mediator, unless other arrangements are made, to be shared equally.

Mediator Fees are payable in advance. Mediation sessions out of Harris County should be paid at least three days prior to mediation; in Harris County, at least 1 day before mediation, or if mediator agrees, payable when party and attorney arrive for mediation. Fees shown are the mediator fee, per party, per day. Mediator's fee, per the Courts, are usually taxed as costs of court.

Since cancellations occur, without fault of either side, I usually require no cancellation fee, if mediation has to be canceled; is rescheduled to a mutually agreeable time shortly after the original date; and notice is given a reasonable time before the mediation date. However, I ask for your cooperation in prompt notice of cancellation, and in consideration of my time and expense, in setting up your Mediation. If a good bit of time and expense have been incurred, which I must pay, regardless of the cancellation, then the party canceling will be expected to cover those actual out of pocket expenses or if an agreement is reached making mediation unnecessary, then I request a small fee to cover my time and expenses to the date of cancellation. I am most reasonable on this, but in the field of law, time is what we sell and expenses are incurred.

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For mediation to be successful and to be fair to all sides, each party and attorney
need to be prepared to make three commitments to the mediation process:

1. A commitment that you have the authority to settle the matter at mediation.
2. A commitment to put in the time that it takes to mediate the matter to conclusion.
3. A commitment to mediate in good faith and let the Mediator determine when the matter cannot be settled (this Mediator has settled a good number of cases, after both sides said they couldn't resolve the matter).

With these commitments on all sides, the chances of settling your case, through mediation, are excellent.