Capital First Trust by gailfan9112


									                      First Trust Capital Financial
                             3200 Santa Monica Blvd. # 208
                               Santa Monica CA. 90404
                      Office 310-586-3000 Fax 310-568-3002

                            Agreement to Mediate

___________________________agrees to have First Trust Capital Financial
administer the mediation of their dispute concerning: ______________________on the
following terms:

   1. Mediation Fees

      The mediation fee will be 25% of savings to the client. Amount demanded by
      creditors - negotiated amount x 25%. For example, if the collection is for
      $20,000.00 and it is settled for $5,000 the savings to the client is $15,000.00. First
      Trust Capital Debt Remediation’s fee will be 25% of the $15,000.00 or $3,750.00.
      Client must understand that the Mediation Session will not take place until such
      fees are prepaid.

      a.   Any charges for Mediation Fees in excess of the amount on deposit shall be
           paid within seven days in equal proportions or if agreed otherwise, in such
           other proportions as the parties have agreed. The Mediator’s expenses shall
           be paid in accordance with First Trust Capital Financial policy. At the
           conclusion of the mediation, after deduction of the administrative fee, the fee
           for the Mediator’s time and reimbursement of expenses, any unused prepaid
           Mediation Fees will be promptly returned to the parties in the proportions in
           which they were prepaid.

      b. The up-front service fee of $500.00 as a retainer fee will be charged to the
         client for the mediator’s time invested to the mediation agreement process.
         This fee will be applied to the amount owed to FTCF once the debt is settled
         and paid by the client.

   2. Consulting with legal Advisers

      Any party not represented by a legal advisor or in appropriate cases other
      professional adviser is advised to consult one before, during and after the
      Mediation Session and before finalizing an agreement reached pursuant to the
      Mediation. The Parties recognize that neither First Trust Capital Financial nor
      the Mediator is giving legal advice or acting as a lawyer for any of the parties or
      analyzing or protecting any party’s legal rights.
3.   Private Sessions

      The Mediator may hold private sessions with only one party. These private
     sessions are designed to improve the Mediator’s understanding of the party’s
     position. Information gained by the Mediator through such a session is
     confidential unless (a) it is in any event publicly available or (b) the Mediator is
     specifically authorized by that party to disclose it.

            a. It is further disclosed that while First Trust Capital Financial and First
               Trust Capital Credit Repair operate as separate companies that they
               both are fully managed by the same owners.

     4.     Confidentiality

            a. The Parties recognize, understand and agree that the Mediation
               Session is for the purpose of attempting to achieve a negotiated
               settlement and as such all information provided during the Mediation
               Session is without prejudice and will and shall be inadmissible in any
               litigation or arbitration of the dispute. Evidence which is otherwise
               admissible shall not be rendered inadmissible as a result of its use in
               the Mediation Session. The Parties will not subpoena or otherwise
               require First Trust Capital Financial or the Mediator or any other
               person attending the mediation under auspices of First Trust Capital
               Remediation to testify or produce records, notes, or any other
               information or material whatsoever in any future or continuing

            b. All documents, statements, information and other material produced or
               given for or during the Mediation whether on writing or orally, shall
               be held in confidence by the parties and shall be returned to the
               originating party or forthwith destroyed at their option.

     5.      Termination of Mediation Session

            Either of the parties or the mediator shall be entitled at their absolute
            discretion to terminate a Mediation Session at any time without giving any
            reason therefore. If such mediation session is terminated a nonrefundable
            fee of $500.00 will be charged for mediators time.

     6.     Services Rendered

            At the event that First Trust Capital Financial remediates and settles a debt
            with a creditor, the client is responsible to pay FTCF their fees, even if the
            Client does not pay the creditor the settled amount. The fees are due
            seven days from settlement.
       7.     Cancellation terms
              The client may cancel this agreement, without any penalty or obligation at
              any time prior to midnight of the 3er business day after applicant signs this
              contract. To cancel this contract, mail or deliver a signed/ dated copy of
              this cancellation notice, and or any other written notice to First Trust
              Capital Financial at 3200 Santa Monica Blvd. # 208 Santa Monica, CA.
              90404 fax 310-586-3002 before midnight on ( ___________________)
              date. If the communication medium is United State Postal Service, the
              postmark on the envelope will be used as the date of termination.




                                                   [Signatures of Parties]

Accepted to administrate the mediation as provided for:



                                              [Signature of mediation administration]

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