Vessels of Opportunity Mediation Program Thousands of vessel owners signed charter agreements with BP in an effort to assist BP in the response

to the oil spill. Many of these vessel owners were not paid according to the terms of their charter agreement and have filed suit against BP. The Court has established a pilot mediation program for all Vessels of Opportunity (VoO) contract actions. Under the terms of this program, all individual petitions and complaints regarding a VoO contract case (other than the six discussed below) are stayed (meaning the cases are not actively moving forward with discovery, motion practice, etc.). A total of six focus plaintiffs were selected by the parties (3 from the Plaintiffs Steering Committee and 3 from Defendants). The Defendants were allowed to pursue discovery from these six focus plaintiffs including both written discovery and depositions. In addition, the Plaintiffs were allowed to conduct three depositions of BP witnesses associated with the VoO program. All of these depositions were completed prior to the September 30, 2011 deadline as ordered by the Court. Once the depositions were completed, the parties were allowed to file partial motions for summary judgment on common contract issues. Finally, a mediation process was ordered by the Court to attempt to resolve these claims in order to allow the parties to establish parameters under which VoO claims could be resolved without expensive and time-consuming litigation. The mediation process is ongoing. Plaintiffs who were not selected as one of the six focus plaintiffs but desired to participate in the mediation program were asked to file a VoO Plaintiff Profile Form. Such forms can continue to be filed. The VoO claims are contemplated to be resolved within the Agreement-inPrinciple between BP and the PSC.

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