Name of Mediator: SCOTT L. GILMORE
This Conflict Waiver applies to the above attorney and matter and to the firm of which he is a member: Hill, Farrer & Burrill LLP (the “Firm”). Because of the size and longevity of the Firm in which the mediator is an attorney, it often occurs that one or more of the parties have had some contact with the Firm in the past, have current matters pending with the Firm, or may have contact in the future with the Firm either as a potential “adverse” party or a potential “interested” party or client. Unless requested by a party to do a firm-wide conflicts check, the mediator will limit any conflicts check and disclosures only to those matters involving any party in which the mediator was previously supervising other Firm attorneys, or was the attorney-in-charge.
As to any past professional acquaintance with counsel on prior matters, the mediator will rely on the parties and counsel to advise one another of these facts, if appropriate.
All parties should be aware of the fact that services by the Firm’s attorney as a neutral in this matter will not necessarily be logged into the Firm’s conflict register.
By agreeing to use the Firm’s attorney as a mediator, each party understands and agrees that no attorney-client relationship is created.
The parties further specifically agree that such service shall not preclude or inhibit in any way the Firm’s present or future ability to provide representation in matters other than the instant dispute in which any mediation party is “interested” or “adverse.”
To the extent that the Firm works on any matter for or against any party to this mediation, including existing or future matters, the mediator shall not disclose any confidential information obtained as a mediator in the course of this proceeding.
Please acknowledge and agree to the above by signing and returning this waiver.