Law Offices
Boose Casey Ciklin Lubitz Martens McBane & O'Connell
A Partnership Including Professional Associations
Northbridge Tower I 19th Floor
515 North Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 832-5900
Toll Free (800) 771-7780

September 17, 2002

Dear Sir or Madam:

Thank you for your inquiry regarding my availability to serve as Mediator in the above-referenced case on the date indicated. This will confirm that I have agreed to act as Mediator in this matter and will further confirm that I have disclosed to you and you and your clients have waived any conflicts or potential conflicts which might result from prior knowledge of the parties, their counsel, or this matter.

My hourly rate for mediation matters such as this is $250.00 per hour, which will be billed at the conclusion of each mediation session. The time billed will include all time spent in mediation sessions (minimum 2.5 hours), time spent if any in preparation for mediation sessions, as well as all other time spent in the mediation process, including separate conferences with each party, conferences in which all parties are present, and any calls from you. In addition, I will bill for all costs incurred in this mediation, such as copy costs, food and lodging expenses if overnight stays are required, and other out of pocket costs. I do not charge for travel time within the 15th and 19th Circuits in Florida, however, I do charge $.30 per mile to cover direct travel costs outside of Palm Beach and Martin Counties. I charge for travel time and mileage outside of these Circuits, and for airfare, if required.

The parties have agreed to be responsible in equal pro rata shares for my services and expenses. Each party will have present at each mediation session sufficient funds, by cash, check or money order, to pay for that party's share of the mediation session. I only extend credit to the attorneys in this matter, not their clients, and if payment is not made at the conclusion of each mediation session, I will invoice counsel and understand that you will be responsible for paying all amounts billed.

Because of the nature of mediation work, I have established a policy regarding continuances and cancellations. Once I have committed a date and time for your mediation session, it is difficult for me to arrange to provide that time for use by others if cancellation occurs less than one week before the date and time set. If the mediation is canceled or continued less than one calendar week before the date and time set, I will charge you for 2.5 hours per half day reserved.

I look forward to assisting you and your clients in resolving this matter through the dispute resolution mechanism of mediation and will plan on attending the scheduled mediation unless continued or canceled at least one week in advance.

Very truly yours,

W. Jay Hunston, Jr.

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