Tombers and Associates, PC 300 South Capitol Avenue Lansing, Michigan 48933 517.371.5140 tomberse@cooley.edu August 30, 2002 Ms. Sandra Cowling 1000 Water’s Edge Lansing, MI 48910 Dear Sandra: The Circuit Court Judge has ordered the mediation of your case. Mediation is a process where a disinterested third party examines both sides of the case and recommends a settlement amount. This recommended settlement amount is called a Mediation Award. The award may be accepted or rejected by either party to the case. The advantage of mediation is that we would not go through the lengthy and costly process of trial if the award were accepted. Trials are risky because you never know how a jury will decide any case. The mediation process allows parties to settle their disputes efficiently outside the courtroom. If we reject a Mediation Award and proceed to trial, we must recover at least 10% above the recommended settlement amount or else face possible court sanctions for our improper rejection of the award. Sanctions may include paying for the defendant’s legal fees from the time of mediation through the end of trial. This sanction, if imposed, would drastically reduce any recovery we might get at trial. Please consider this while we wait for the decision from the mediation process. Feel free to contact me any time if you have questions about the process. I will let you know the outcome of mediation as soon as possible. Sincerely yours, Evelyn C. Tombers