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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

Subject: Lancaster County & Mediation

From: Stan Caterbone (
Sent: Thu 1/03/08 1:23 PM
Esterbrook, Mark (
FBI, Field Office (; Owens, Bill
Bcc: (; Owings, Lisa (
You do understand that I am very interested in having all of the misconduct and illicit
behavior at the beset of Lancaster County Employees mediated?
I hope that you take the time to defend some of those activities in preparation for
Trust me, wrongs will be righted. Did you read the quote today from your future
District Attorney? It was quite timely and on the money.
I should trust that I am not the exception to the rule, at least anymore.
Do you understand me?

"I don't think anybody's going to tell you that I'm lenient on crime," said Stedman in
an office he's decorated with pictures of 19th-century battle scenes. "You hear talk

Well, there's an even

greater right, and that's the right of life,
liberty and to live crime-free."
about criminal rights all the time.

Craig Stedman, Lancaster County District Attorney Elect

January 3, 2008
Lancaster Intelligencer Journal
Intelligencer Journal
January 3, 2008
New DA offers more than one column can say
Even-handed outlook Fighting smart
Attorney Robert Beyer at trial belabored a point about a
missing .22-caliber slug.
He sought to persuade jurors that just because police failed to find a spent bullet
didn't mean his client lied about shooting someone after being shot at first.
Beyer raised the possibility that police didn't use a fine enough screen when sifting
soil for the bullet. He successfully established, he thought, that the slug could have
fallen through.

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

"I went home that night with the wind in my sails," Beyer recalled.
The next morning, he was crestfallen. Prosecutor Craig Stedman overnight had
contacted the state trooper who did the sifting. The trooper arrived from Pittsburgh
and showed jurors the screen. There was no way a slug would slip through.
Beyer could only shake his head.
Beyer recalled the courtroom setback when I asked him about Stedman, a 43-yearold Bucks County native who will be sworn in Friday as Lancaster County's new
district attorney.
"He's so thorough," Beyer said, "it's unbelievable."
Detective Lt. Kent Switzer of the city's violent crime unit has a similar opinion,
having worked at Stedman's side on countless cases. Citing his work ethic, legal
knowledge and investigative insights, Switzer said, "Without a doubt Craig is the
most tenacious and hard-working prosecutor I've had the privilege of working with."
Stedman ran unopposed in the GOP primary and general election, having secured
the backing of fellow assistant district attorneys and two police organizations.
In 16 years in the DA's office, Stedman gained a reputation as a hard-nosed
prosecutor of high-profile defendants such as Landon May, now on death row for the
torture and murder of an Ephrata couple.

"I don't think anybody's going to tell you that I'm lenient on
crime," said Stedman in an office he's decorated with pictures
of 19th-century battle scenes. "You hear talk about criminal
rights all the time. Well, there's an even greater right, and
that's the right of life, liberty and to live crime-free."
But Stedman also made clear he's not a one-dimensional prosecutor fixated on
locking up people and throwing away the key.
"There are some evil people who are going to commit crimes no matter what ... and
we'll deal with them," Stedman said. "But the prosecutor's job is not to win the
maximum verdict and maximum sentence in every single case. It's about doing the
right thing for the right reasons."
The goal, as Stedman sees it, is a safer community. Jailing the incorrigible is one
tool, but just as important are education and crime-prevention strategies.
"I don't want to be just reactive," Stedman said. "I want to be proactive."
Stedman sees his office working with groups such as the Lancaster Community
Safety Coalition and James Street Improvement District, which are trying to create a
safe environment conducive to economic development.

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center







"It shows how smart he really is," said Beyer, a former prosecutor who mentored
Stedman 16 years ago. "You don't often get a DA with his sense of jurisprudence."
Stedman is respected as a crime fighter. As DA he sees himself also becoming a
problem solver.
"What we have to do is fight smart," he said, and that's why he's open to new ideas - from starting a mental-health court to targeting nuisance rental units.
"There's no magic bullet," Stedman said, "but the long-term solution is certainly not
'locking 'em all up.' The long-term solution is getting people to buy into the
community and choosing not to offend."
One column can't do justice to all Stedman has to say. Look for more on Friday.
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Stan J. Caterbone
Visit Our Blog For Journey of a Whistleblower
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Notice and Disclaimer: Stan J. Caterbone and the Advanced Media Group have been slandered, defamed, and publicly discredited since
1987 due to going public (Whistle Blower) with allegations of misconduct and fraud within International Signal & Control, Plc. of Lancaster,
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continue our fight for justice through the Courts, and some communications are a means of protecting our rights to continue our pursuit of
justice. Advanced Media Group is also a member of the media. Reply if you wish to be removed from our Contact List. Number 7.

Subject: RE: Visit and Mediation Agreement

Date: Thu, 3 Jan 2008 10:52:12 -0500
I trust your holiday was a good one! Sorry it took so long to get
back to you, but most folks here were on vacation the past two
weeks. Mr. Grays email response is timely and appropriate given my
discussions with internal counsel. I will refrain from any legal advice,
as that would be highly improper. However, I believe Mr. Grays offer
below is your best venue. The Lancaster Mediation Center performs

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

services directly related to your specific mediation request to myself in

December. Unfortunately, I am unable to provide those services to
you and was unable to find another avenue for you to pursue from my
office. I wish you well in your mediation efforts. It was pleasant
meeting with you!
Best Regards,
Mark Esterbrook
County Administrator
Lancaster County Commissioners
50 North Duke Street
PO Box 83480
Lancaster, PA 17608-3480
717/293-7208 (fax)

From: Lancaster Mediation Center []

Sent: Wednesday, January 02, 2008 4:28 PM
To: Stan Caterbone
Cc: Esterbrook, Mark
Subject: Re: Visit and Mediation Agreement
Dear Mr. Caterbone,
It was unclear why you sent us a copy of your correspondence with
Mr. Esterbrook with the above subject along with a copy of the
Lancaster Bar Association Mediation Agreement for its ADR Program.
We do conduct mediations. I would be pleased to talk with you about
our service if you would like. Please let me know if that is what you
In peace,
Grayfred B. Gray
Lancaster Mediation Center, 225 W. King Street, Lancaster, PA 17603,
Phone 717-293-7231, Fax. 717-390-7783, ,
Lancaster Mediation Center (LMC) is a 501(c)(3) non-profit
organization. Contributions are tax deductible as provided by law. A
copy of the official registration and financial information of LMC may
be obtained from the Pennsylvania Department of State by calling toll
free, within Pennsylvania, 1-800-732-0999. Registration does not
imply endorsement.

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

January 4, 2008

Dear Mr. Caterbone:

I have not read the detailed materials that you sent the Center before today because we aim to protect your
privacy. We do not need to know about the details of the dispute for you to decide whether we can help you.
That is the first decision we need from a potential client. If you need to meet with me to talk about whether to
mediate, I can arrange that. I hope this letter will give you the information you need to make that decision on an
informed basis, but please call if you need any further information.
We mediate all kinds of disputes, including disputes between private citizens and government. Mediation
does not involve an investigation and is the opposite of a trial or arbitration because the people involved decide
the solution. Mediation does not result in findings or judgments. Consequently if you meet with me, you will
not need to bring papers about what has happened. Here is how we work in mediation.
Mediation is under the protection of a Pennsylvania statute, which provides that the mediators and staff
cannot testify as to what was said in their mediation work and documents prepared for and used in the
mediation cannot be subpoenaed. That creates a confidential setting in which the clients can speak freely, and
the mediators and staff will have no further involvement in the dispute if it is not resolved in mediation. There
are narrow exceptions to the statute, which you can read at 42 Pa. C.S. (Consolidated Statutes) 5949.
We provide a team of two professionally trained mediators to work jointly at all times on each dispute. Each
of them will be cleared for conflict of interest before being assigned to the dispute. Occasionally we will have a
third mediator observe the session and, if called for, help the mediators who are co-mediating.
The mediators job is to be neutral and impartial at all times and to serve their clients, who are all the people
involved in the dispute. Mediators help their clients figure out what is best for themselves in dealing with the
dispute. What the clients decide does not have to satisfy the mediators.
Mediators help each client think clearly and effectively about their needs in the dispute and then
communicate clearly to the others in the dispute. Mediators do not judge their clients or their clients' disputes.
The mediators do not give any kind of advice, including legal advice.
Clients may have lawyers with them in mediation if all clients agree. The job of the lawyer in mediation at the
Center is not what you see in a trial on TV. The lawyer is present to advise or provide information to the client.
The lawyer may speak in the mediation but usually only the clients talk because they are the ones who are to
decide what to do. Lawyers in mediation do not interrogate people.
The client's role in mediation is to share information and to figure out what is best for themselves. Mediation is
accomplished by working through several stages.
First the co-mediator team meets with all the clients and learns first hand from them what the dispute is
Second the mediators help the clients decide what problems need to be resolved for the dispute to be over.
Third the clients, with the help of the mediators, identify a number of possible ways to solve each of the
Fourth the mediators guide the clients in a careful evaluation of each of the options for solution. As they
work through the options, sometimes new problems and options emerge that are then worked on. Usually
during this stage an agreement develops that they are satisfied resolves the dispute.

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

Fifth the agreement is written unless the clients agree that they do not want it written. The agreement is
carried out and the dispute is over.
While most of the time the mediation sessions include all clients, there is the possibility of clients meeting
separately with the mediators in a private session. Anyone can ask for such a session during the process.
That is how the mediation process works at the Center. When the clients work with the support of the
mediators, over 80% of the time the clients resolve the dispute to their own satisfaction.
Mediation is voluntary. Agreeing to mediate does not obligate you to reach an agreement that resolves the
dispute. If you decide that you want to mediate, the next question will be whether others in the dispute agree to
If you decide that mediation is something that could be helpful to you, your next decision will be where you
want to get mediators. You are aware of the Lancaster Bar Association ADR Program, which includes
mediators who are available for you. There are other private practice mediators, who are not lawyers.
Of course, the Mediation Center is a possible source of mediators for you. It is my responsibility to tell
you that the Mediation Center had a grant from Lancaster County in 2007, and the Center will apply to the new
County Commissioners for a grant this year. The grant does not affect the work of our mediators, but it is your
decision whether that fact calls for you to get mediators elsewhere. The Center's offices are also provided by
the County through the courts, which sometimes refer cases to mediate as do law enforcement officers. The
Center is a non-profit organization and gets its funds from fees for mediation, fees for training mediators,
private contributions, fund raising events, and grants from foundations and government.
Please call or write if you want to mediate through the Center or have questions. Thank you for considering
mediation for disputes and for considering mediation through the Center.

Linda Strauss
Administrative Assistant

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WELCOME Negotioations
TO THE with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center
Since 1981 the Lancaster Mediation Center has
served all of Lancaster County. It is located in
downtown Lancaster with free parking beside its
Mediation at the Center is a process in which
impartial mediators help people in a dispute
think better about their own needs and communicate
clearly with others in the dispute. The mediators'
goal is to help each person in the dispute make their
own decisions about what to do and how they
might resolve it.
People come to the Center for help because they
have an important dispute and have
not been able to resolve it
themselves. Center mediators
respect the importance of their
clients' decisions and work hard to
provide a good place for each person
in the dispute to work out their own

The Lancaster Mediation Center celebrated the first

Lancaster County Peacemaker Celebration in March of
2007. The celebration commemorated the Center's 25
years of service to the community. Twenty-five
honorees were chosen as Lancaster County
Peacemakers from all walks of life and all ages. Pictured
here is one of our Peacemaker recipients, Frank
Albrecht of Lancaster City
View all of our
Volunteer Mediators Needed
The Lancaster Mediation Center has an immediate
need for volunteer mediators, especially men for
divorce mediation. Divorce mediators work in
pairs to help clients through the hardships of a
divorce or separation.

The break-up of a marriage or other intimate
relationship is an incomparably painful
experience. In the midst of this emotional crisis,
women and men are required to make decisions
that may affect them for a lifetime. The Lancaster
Mediation Center's goal is to help separating or
divorcing partners address the difficult legal,
economic, and parenting issues without
destroying themselves, each other, or their
Mediators are asked to commit to a particular
time and day of the week to mediate. Write to or call 293-7231.

Grayfred Gray, Executive Director of the Lancaster

Mediation Center, was recognized by the Tennessee
Coalition for Mediation Awareness on Thursday, Oct.

18, 2007, Dispute Resolution Day, at Lipscomb

University. Grayfred is Professor Emeritus at the

University of Tennessee College of Law.

He was presented with the first "Grayfred Gray Public

Service Mediation Award" which was given in

recognition of his work promoting the use of

mediation in Tennessee from 1987 until he moved to
Lancaster in 2003. View pictures and additional
information from the event...

What problems can be mediated?

landlord/tenant disagreements
parent/child and sibling problems
harassment and interpersonal conflicts
neighbor or roommate conflicts
business and consumer disputes
civil and "small claims" cases
and more...
More than 80 percent of the cases that come to mediation
are resolved by agreement between the people who
previously had not been able to settle the dispute. Mediators
help them come up with workable solutions.
Call us at (717) 293-7231 to discuss your particular needs. All
contacts and all mediations are confidential.

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

First Lancaster County Peacemaker Celebration

click on pictures to view larger image

Frank Albrecht
Lancaster City Schools.

Loraine Stutzman Amstutz

Victim-offender mediation

Charles Bonner
Marine veteran peacemaker

Gioacchino Jack Brignola

Children and Youth Agency
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

Robert Brock

Doug Burkholder

Hole in the Wall Theatre, Inc.,

Artistic Director


Lisa Conner
Grace Byler
Retired Executive Director,
Lancaster Mediation Center

Counselor at Donegal Middle


Michael Goldberg, Esq.

Carl Driedger
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

Lancaster County Domestic

Violence Supervisor, AP&PS

Mid-Penn Legal Services

Patricia Hopson-Shelton
Beverly Groff
Millersville University
Teacher at Pequea Valley High

Michael Landis
Dr. Donald Kraybill

Chief County Detective, District

Attorneys Office

Elizabethtown College

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

John Lapp

Celso A. Mesias

Former Director of Mennonite

Central Committee

Manos A La Obra program

Roberto Monzon
Barbara Mitchell
Manos House.
Teacher at McCaskey High

Adrian Rodriguez
Lynne Radcliffe

Transition to Community.

Counselor in Hempfield School


Wayne Scott
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

Executive Director, The Mix at

Arbor Place

K.L. Shirk, Jr., Esq.

Jon Singer

Promoter of mediation

Executive Director, LAVORP

Marcus Smucker

Barb Toews

Mediator in churches.

Restorative Justice practitioner

The Lancaster Mediation Center

thanks Jose Urdaneta for
photographing our honorees for
this event.

click here for the Urdaneta

Photography website

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

Urdaneta Photography

Bulova Technologies LLC

Millersville University

Graphic Communications Department of

Stevens College of Technology

Amanda Baldwin, Graphic Designer

Emerald Asset Management, Inc.

Grayfred and Lois Gray

Trout, Ebersole & Groff, LLP, CPA

Stardust Entertainment & Events

Bazella Dombrowski & Co., CPA's

Lancaster County Association of Realtors

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center





The undersigned parties recognize that the Lancaster Bar Association (LBA) sponsors
and administers an Alternative Dispute Resolution (ADR) Program as a public service to the
community. The goal of the program is to provide an opportunity for an expeditious resolution of
disputes which are, or could be, pending as civil actions in the Lancaster County Court of Common
Pleas. This includes all civil actions, except for cases involving divorce, equitable distribution,
custody, child or spousal support, alimony, alimony pendente lite, or paternity.

Role of the Bar Association

The Lancaster Bar Association sponsors the Alternative Dispute Resolution Program. The
role of the Bar Association in the Alternative Dispute Resolution Program, however, is merely one
of administering the request for ADR. The undersigned parties, by voluntarily participating in the
program, accept and recognize that:
The Lancaster Bar Association, mediator, and LBA-ADR Committee shall have no
liability, expressed, implied or otherwise, with respect to any aspect of the Alternative Dispute
Resolution Program, including the actions or omissions of any mediator.

Definition of Mediation

Mediation is typically a settlement discussion. Negotiations are assisted by a neutral,

impartial third party ("mediator") who promotes or facilitates an understanding among the parties of
their common interest in reconciling or settling the matter. The mediator does not make any
decision for the parties, except by special agreement. Although the mediator assigned may be a
member of the Lancaster Bar Association and a practicing attorney, no attorney/client privilege
attaches to the communication between the parties and the mediator. No attorney/client relationship
is established with the mediator. THE MEDIATOR WILL NOT BE SERVING AS AN

Selection of a Mediator

The parties will have twenty days from the date they submit the completed Request
For ADR to review the list of approved mediators and select a mediator acceptable to all parties. In
the event that the parties agree on the mediator, that name should be supplied immediately to the
Lancaster Bar Association.

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

In the event that there is no agreement on the mediator within twenty (20) days, the
Lancaster Bar Association Executive Director or her/his designee will provide the parties with
written notice of 3 possible mediators, whose selection will be based on a rolling, random
assignment of approved mediators on the Lancaster Bar Association list. Each side may strike one
name. The remaining person, or the first one selected by the LBA if more than one remain, shall be
assigned as the mediator.

Mediator Not To Be Called As Witness

The parties agree not to call the mediator or any member of the Lancaster Bar
Association Alternative Dispute Resolution Program as a witness or an expert in any pending or
subsequent litigation as to any matter related to this arbitration. The parties will defend the
mediator and any members of the Lancaster Bar Association Alternative Dispute Resolution
Program from any Subpoena from any party as to the subject of this arbitration. The mediator
is not liable to any party for any act or omission in connection with this mediation.

Scheduling the ADR Conference

After the Bar Association has been notified of the selection of a mutually agreeable
mediator, or after the Bar Association has appointed a mediator in the instance where there has been
no agreement, it will then be the responsibility of the mediator to schedule the date, time and place
of the mediation conference, and to notify the parties and the Bar Association of the schedule. All
mediation conferences will be held in Lancaster County, unless there is special agreement

Exchange of Documents

At least ten (10) days prior to the mediation conference, each party shall provide opposing
parties and the mediator with a mediation conference statement which must include the following

a succinct statement of position regarding liability and damages;


a description of the legal issues involved, with citation of legal authority;


copies of any controlling documents in dispute;


copies of expert reports on which they intend to rely;


an itemized list of damages; and


the parties current settlement positions and rationale.

If a party fails to provide the mediation conference statement, the party who fails to
provide the required statement may be required to pay the entire mediation fee and the reasonable
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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

attorney's fees and expenses for preparation of the mediation conference statement by those parties
who have timely filed their statements, as assessed and ordered by the mediator.

Participation at Mediation Conference

The decision to mediate a case is voluntary. However once a mediator has been
selected by the parties or the LBA, the attendance of parties at the mediation conference shall be
mandatory. A representative of any party's insurance company which may be involved in the case
shall be available in person or by telephone during the course of the mediation conference. If a
party fails to appear, the non-appearing party shall, within thirty (30) days from the mailing of the
mediation conference report, pay the entire mediation fee as well as the opposing party's
reasonable expenses in attending the mediation conference, as assessed and ordered by the
All parties are expected to make only truthful statements to each other and the
mediator during the mediation process. Failure to do so may be determined by a Court to be a
fraudulent act sufficient to void the terms of the Agreement and any mediation result.


All statements made during the course of the mediation are intended by the parties
to be privileged settlement discussions made without prejudice to any party's legal position, and
non-discoverable for any purpose in any legal proceeding. Any information disclosed by any
party, or by a representative of a party, or by a witness on behalf of a party, to the mediator is
intended to be confidential. No privilege is intended to be waived by any such disclosure.
However, final determination of the matter is up to a court of competent jurisdiction.
Disclosure of any records, reports or other documents received by the mediator
cannot be compelled. The mediator shall not be compelled to disclose or to testify in any
proceeding as to information disclosed or representations made in the course of the mediation
conference or communicated to the mediator in confidence.
The parties agree that no party to this mediation will attempt to subpoena the
mediator for testimony, deposition or discovery related to any documents or discussions arising
during ADR. If a party breaches this Agreement and attempts to subpoena the mediator, that party
will be liable for and shall indemnify the mediator for any costs, expenses, liabilities and/or fees,
including attorneys' fees, that might be incurred by the mediator in objecting to the subpoena. The
parties agree to maintain the confidentiality of the mediation conference and shall not in any
proceeding attempt to rely on or introduce discussions regarding settlement, admissions made by
any party during the course of the mediation, or any matter relating to proposals made and/or views
expressed by the mediator.

The mediator shall have no liability for any act or omission in connection with the

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Conclusion of Mediation Process

If the parties reach a settlement, the mediation process shall be concluded by the execution
of a settlement agreement to be drafted by the parties themselves at the conclusion of the mediation
conference. After the initial conference, the mediation process also will be terminated if any party
or the mediator makes a formal written request for termination on the grounds that any further
efforts at mediation would no longer be worthwhile.

Special Agreement.

The parties by special agreement have also entered into the following understanding
regarding the conduct of mediation:


Fees and Expenses of the Mediator

The parties have agreed that they will each be responsible for an equal share of the
fees and expenses of the mediator, unless there is specific written agreement otherwise.
The initial $150.00 administrative fee paid to the Bar Association is not refundable.
The $450.00 initial mediator fee is only refundable up until the point in time that a mediator has
been appointed. After the appointment of the mediator, the $450.00 fee is not refundable. The
$450.00 covers the initial review and preparation for the mediation conference, as well as a two (2)
hour mediation conference. In the event that the initial mediation conference exceeds two (2) hours
in length, the parties agree to bear equally an hourly fee for the mediator in the amount of $150.00
per hour.
Any expenses of the mediation process incurred by the mediator, such as travel
outside of Lancaster County, long distance telephone calls and/or photocopies, shall likewise be
borne equally by the parties.

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

The undersigned parties, intending to be legally bound, acknowledge that we have read and
agree with the terms and scope of the Mediation Agreement set forth above.


Please sign this Agreement and return it to:

Lancaster Bar Association
Alternative Dispute Resolution Program
28 East Orange Street
Lancaster, PA 17602

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Negotioations with the Lancaster County Administrator, Mark Esterbrook, and the Lancaster Mediation Center

Front Page Announcement

Mark Esterbrook hired as County Administrator
New County Administrator Hired
March 19, 2007 Start Date

The County's search for a County Administrator began on December 3, 2006, with
local and national advertising. That advertising campaign resulted in 44 applications,
which were reviewed by a Search Committee, from which they selected seven
candidates for interview and consideration by the Commissioners. Of that seven,
one was eliminated, three withdrew, and three were designated to interview with the
Board of Commissioners.
Mark Esterbrook, after his third interview session, was offered the position at a
salary of $110,000 and approved at the Salary Board Meeting on March 1, 2007 with
a scheduled start date of March 19, 2007.
Mr. Esterbrook has over 18 years of hands-on experience in program management,
operations, and technical system; and a proven track record of excellence in a broad
spectrum of leadership and operational assignments in the military, public, and
private sectors.
He holds an MA in Administrative Science-Organizational Management from George
Washington University, MBA from Incarnate Word College in San Antonio, Texas, and
a BS in Business Administration from Millersville University.

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