Where the Mediator initiates recovery or appeal procedures to recover costs and/or expenses under this Agreement, the successful party shall be entitled, in such a remedy and to any appeal, to attorneys` fees and costs arose therein. This is an agreement between the undersigned (the “Parties”) and Tad Powers/Michael Marks of MarksPowers LLP (“Mediator”),, a mediation for the purpose of initiating mediation, Issues related to: ___ 7. If the Mediator finds that it is not practicable or appropriate to continue the mediation, the Mediator may terminate the proceedings after notifying the parties of his unilateral decision on the matter. (c) If a party subsequently decides to summon the Ombudsman, the Ombudsman may quash the summons. That party undertakes to reimburse the Ombudsman for all costs incurred by him in connection with such an action, including lawyers` fees, plus the Ombudsman`s hourly rate for the duration of that case. (12) This Agreement may be performed in return. There are exceptions to the confidentiality rules contained in the law. For example, statements made with all other parties present or documents provided to all parties are not confidential. In unusual circumstances, a judge may also order the disclosure of information that would avoid a manifest injustice, help detect a violation of the law, or damage public health and safety. . . .