7 PALMS MEDIATION

TERMS OF SERVICE

Last Updated: October 17, 2026

These Terms of Service (“Terms”) govern all mediation services provided by Bryan Garcia dba 7 Palms Mediation (“Mediator,” “we,” or “us”). These Terms apply to every person and entity that requests, schedules, attends, participates in, or pays for mediation services provided by the Mediator (each, a “Participant” or “you”).

1. ACCEPTANCE OF THESE TERMS

By doing any of the following, you agree to these Terms: (a) requesting or scheduling mediation services with the Mediator; (b) attending or participating in a mediation session conducted by the Mediator; (c) authorizing mediation time beyond any free volunteer period; or (d) paying an invoice issued by the Mediator. If you do not agree to these Terms, do not request, attend, or pay for mediation services. No signature is required for these Terms to be binding.

If you act on behalf of a business or other entity, you represent that you are authorized to bind that entity, and both you and the entity agree to these Terms. If you are an attorney acting for a client, see Section 5 regarding fees.

The version of these Terms posted on the Mediator’s website on the date a mediation session begins applies to that session and any continuation of it. We may update these Terms from time to time by posting a revised version with a new “Last Updated” date. Updates do not apply to a mediation already in progress unless you agree.

2. DEFINITIONS

(a) “Mediation” means the mediation session or sessions conducted by the Mediator in a particular matter, including any continued or follow-up sessions.

(b) “Disputing Parties” means the individuals, entities, or their authorized representatives involved in the underlying dispute who are participating in the Mediation. “Disputing Party” means any one of them.

(c) “Mediation Participants” means the Disputing Parties, their attorneys, and any other individuals participating in the Mediation.

(d) “Program” means any court-connected or government mediation program, including the Los Angeles County volunteer mediation program, through which the Mediator is assigned to a matter.

(e) “Volunteer Period” means the initial period of mediation services provided at no charge under a Program, as described in Section 4.

(f) “Paid Continuation” means mediation services provided in a Program matter beyond the Volunteer Period.

(g) “Standard Services” means any mediation services that are not provided in connection with a Program.

3. ROLE OF THE MEDIATOR

The Mediator is a neutral facilitator. The Mediator has no authority to impose a decision, render a judgment, or compel settlement. The Mediator does not represent any Disputing Party as a lawyer, agent, or fiduciary and does not provide legal advice. Nothing said by the Mediator during the Mediation is legal advice. Each Disputing Party is encouraged to consult independent legal counsel before, during, and after the Mediation.

4. VOLUNTEER PERIOD

When the Mediator is assigned through a Program, the first three hours of the Mediation session are provided at no charge. Reasonable preparation by the Mediator for the initial session is included. The three-hour period begins when the Mediation session starts. If the Program’s rules differ from this Section 4, the Program’s rules control for the Volunteer Period.

5. FEES AND PAYMENT

(a) Discounted Program Rate. Paid Continuation is billed at a discounted rate of $700.00 per hour in quarter-hour (15-minute) increments. This discounted rate is available only for matters assigned through a court-connected or government Program. It does not apply to Standard Services.

(b) Standard Rates. Standard Services are offered as half-day (4-hour) and full-day (8-hour) sessions. Fees for Standard Services are the rates posted on the Mediator’s website on the date the session is booked, unless the Mediator agrees to a different rate in writing. Time beyond a booked session is billed at the rate posted on the website or as agreed in writing.

(c) Authorizing Paid Continuation. Paid Continuation is optional. To authorize it, each Disputing Party electing to continue must confirm, orally or in writing, that it wants the Mediator to continue beyond the Volunteer Period. Billing will not begin until the Mediator receives confirmation from all Disputing Parties electing to continue.

(d) Payment Responsibility. Unless the Disputing Parties agree otherwise in writing, mediation fees are split equally among the Disputing Parties. Each Disputing Party is responsible for its own share only. Where more than one person or entity participates as or on behalf of the same Disputing Party, including an individual participating both personally and on behalf of a business, they are jointly and severally liable for that Disputing Party’s share. An attorney may transmit payment for a client but is not personally liable for fees unless the attorney separately agrees in writing.

(e) Invoicing and Due Dates. If Paid Continuation occurs on the same day as the initial session, the Mediator will send an invoice after the session. For any session scheduled in advance, including Standard Services, the Mediator requires full payment before the session. Invoices are due within fifteen (15) calendar days of receipt. The Mediator may stop work if payment is not made.

(f) Late Payment. Any amount unpaid more than forty (40) calendar days after its due date accrues simple interest from the due date until paid at the lesser of one percent (1%) per month or the maximum rate permitted by law. If any amount is not paid when due, the party responsible for it shall pay the Mediator’s reasonable costs of collection, including collection agency fees, court costs, and reasonable attorneys’ fees, whether or not a lawsuit is filed.

(g) No Contingent Fees. No fee for mediation services is contingent on or tied to the outcome of the Mediation.

6. CANCELLATION AND RESCHEDULING

No cancellation fee applies to the Volunteer Period, and Program rules control cancellation and rescheduling for that portion. For any paid session, including Paid Continuation and Standard Services, cancellation or rescheduling with less than three (3) business days’ notice may result in a charge for reserved time and nonrefundable costs incurred, not to exceed the amount that would have been payable for the scheduled session. No charge applies if the Mediator is unavailable or waives the fee.

7. CONFIDENTIALITY

(a) California Law. The Mediation is confidential under California Evidence Code sections 1115 through 1128. Communications, negotiations, settlement discussions, statements, admissions, and writings made for the purpose of, in the course of, or pursuant to the Mediation are generally not admissible, discoverable, or subject to compelled disclosure in any noncriminal proceeding. Confidentiality continues after the Mediation ends (Evidence Code section 1126). Evidence otherwise admissible outside of mediation does not become inadmissible solely because it was introduced or used in the Mediation (Evidence Code section 1120). This Section 7 does not promise broader protection than California law provides, and these protections apply to all Mediation Participants whether or not they have agreed to these Terms.

(b) Caucus Communications. The Mediator will explain caucus practices at or before the first session. The Mediator will not disclose information shared in private caucus to any other Disputing Party or Mediation Participant without permission, except as required by law.

(c) No Recording. No Mediation Participant may record, photograph, or screenshot any portion of the Mediation without the prior written consent of all Disputing Parties and the Mediator.

(d) Settlement Agreements. A written settlement agreement signed by the Disputing Parties should state that it is enforceable, binding, or admissible, to support disclosure and enforcement under Evidence Code section 1123.

(e) Attorney Disclosure. Each Disputing Party’s attorney is responsible for providing the mediation confidentiality disclosure required by California Evidence Code section 1129 and obtaining the client’s signed acknowledgment. The Mediator is not responsible for compliance with section 1129.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Mediator’s total liability arising out of or related to these Terms or the Mediation, under any theory (contract, tort, negligence, strict liability, or otherwise), shall not exceed the fees actually paid to the Mediator for the Mediation. The Mediator is not liable for: (a) the outcome of the Mediation; (b) any settlement or failure to settle; (c) any decision made or not made by any Disputing Party; or (d) any act or omission of any Disputing Party, attorney, or other Mediation Participant.

9. INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Mediator from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) any act or omission by you or your attorneys, agents, representatives, or invitees in connection with the Mediation; (b) your breach of these Terms; or (c) any third-party claim arising from information you disclosed during the Mediation.

10. WAIVER OF CLAIMS; MEDIATOR NOT A WITNESS

To the maximum extent permitted by law, you waive any claim against the Mediator arising out of or related to the Mediation, except claims that cannot be waived under applicable law. Mediation involves discussion of disputed matters, and the Mediator’s facilitation, suggestions, questions, or expressions of opinion do not create liability. Consistent with California Evidence Code section 1119, you agree not to call the Mediator as a witness or subpoena documents submitted to or prepared by the Mediator.

11. VOLUNTARY PROCESS; NO GUARANTEE

Mediation is voluntary. No guarantee of settlement or any particular result is made or implied. Any Disputing Party may end the Mediation at any time. The Mediator may suspend, terminate, or withdraw from the Mediation consistent with applicable law and Program rules.

12. GENERAL PROVISIONS

(a) Governing Law. California law governs these Terms.

(b) Order of Precedence. If these Terms conflict with Program rules for the Volunteer Period, the Program rules control. If these Terms conflict with a written agreement signed by you and the Mediator for a particular matter, the signed agreement controls.

(c) Entire Agreement; Severability. These Terms, together with any signed agreement for a particular matter, are the entire agreement regarding the Mediator’s services. If any provision is unenforceable, the remaining provisions remain in effect.

(d) Notices. The Mediator may send notices and invoices to the email or mailing address you or your attorney provided when scheduling or participating in the Mediation. You may send notices to the Mediator at Bryan@7PalmsMediation.com.

(e) No Waiver; Assignment. Failure to enforce a provision does not waive the right to enforce it later. You may not assign rights or obligations under these Terms without the Mediator’s written consent.

(f) Survival. Sections 5 (as to amounts owed), 7, 8, 9, and 10 survive completion of the Mediation.

(g) Interpretation. The singular includes the plural and vice versa. Headings are for convenience only. “Include” and “including” mean “including without limitation.”

CONTACT

7 Palms Mediation Bryan@7PalmsMediation.com