The Process and Terms & Conditions

You or your attorney, if you have one, contacts this office indicating a desire to mediate or to arbitrate a dispute, a dispute that already is in the legal process, in court, or a dispute that is not yet in a lawsuit.  It can be any kind of dispute.  It can be a dispute or claim you believe the OTHER party has with you and you want to address it, rather than wait and possibly be sued or have this problem linger.

For a non-refundable fee of $75, this office will do the following:

1.     Take contact information for both parties to the dispute and their attorneys, if one or both has an attorney;

2.     Identify briefly the nature of the dispute (but no information about either side’s position because the opposing party must believe and it must be true that the mediator / arbitrator is NEUTRAL) and your availability in the next 30 days;

3.     Send an email to both parties (or their attorneys) identifying the names of both parties (individuals or companies), the general nature of the dispute, specify the Session YOU are available (mornings, afternoons, or evenings) during the next 30 days, ask the opposing party to select one Session from those during which you are available, and request that both sides make a refundable deposit (via PayPal) for one-half (1/2) of the mediation (or arbitration) fee for that block of time.  By depositing the refundable one-half (1/2) of the mediation (or arbitration) fee in advance, both sides are committing to trying in good-faith to find a solution and an agreement to end the dispute.

4.     The mediation can take place in person (best results usually come from being together) or via web cam (if logistics or security is an issue).  Either side may request web cam mediation.

Rates: 

o         Mediation Session or Arbitration Session block of three and one-half hours (3.5 hours) is $299 per side (if more than 2 sides, the fee will be adjusted)

                     Morning Session:   9:00 am to 12:30 pm

                     Afternoon Session:  1:30 pm to 5:00 pm

                     Evening Session:   6:00 pm to 9:30 pm

 o         Additional time after 3.5 hours at the rate of $90 per side per hour (1/3 hour increments) 

o         Mediation or Arbitration other than in blocks at the rate of $240 per hour (2 hour minimum paid in advance, one-half by each side)

 o         Once scheduled, a party who cancels more than 48 hours in advance incurs a $99 fee and, if less than 48 hours in advance, incurs a $299 fee.  The other party receives a FULL REFUND.  Once scheduled, a party who reschedules more than 48 hours in advance incurs a $99 fee and, if less than 48 hours in advance, incurs a $199 fee.

Mediation
 
In mediation, a neutral third party (called the "mediator") facilitates a discussion between the parties and their attorneys, and keeps them focused on options to resolve any and all disputes. Initially, the parties meet together with the neutral to discuss each party's perspective of the disputes. The neutral assists in settlement communications and negotiations, often meeting with the parties separately and privately, but each party always retains the decision-making power. Any resolution comes from the parties and, therefore, that resolution, however cleverly crafted, must meet their needs and interests. Mediation produces a voluntary win-win solution. The parties are free to pursue litigation if their case is not resolved in mediation.
   
Arbitration
 
In arbitration, a neutral third party (called the "arbitrator") conducts an informal trial or hearing in which the parties and their attorneys present written and oral evidence. The rules of evidence can be relaxed, allowing the parties more freedom in presenting their positions and expressing their perspectives. After the hearing, the arbitrator renders a decision. If requested, the decision will include an opinion which will enable the parties to understand the reasons for the decision and, therefore, to accept it as a resolution of the dispute. When the parties have agreed to "binding arbitration," the arbitrator's decision is final and binding and can be enforced through the courts. When the parties have agreed to "non-binding arbitration," often done in order to learn what decision might be the outcome if a court decision is later rendered, the arbitrator's decision usually will lead to a settlement agreement without further litigation.