Mediation
Mediation is a voluntary, non-binding, and confidential process in which the parties, aided by an impartial mediator, resolve their dispute together before trial or an appeal, and in some instances, before the commencement of litigation. Throughout this process, the impartial mediator works with the parties to help them negotiate a mutually satisfactory resolution.
Logistics
Once you have selected either Scott or Greg as your mediator, he will work with you to schedule your mediation at a mutually convenient date, and conduct it either virtually or in person, if possible.
Once scheduled, we request a mediation statement from each party one week prior to the mediation. Each statement should set forth the relevant facts, the issue(s) in controversy and a summary of the controlling law.
We generally view it as helpful for the parties to exchange these statements prior to the mediation, but if you believe there are reasons it would be better not to do so, we can discuss a different approach.
We’ll schedule a conference call before the mediation to discuss this and other issues relevant to the proceeding, including discovery and pending motions if the matter is in active litigation, attendees at the mediation, as well as ground rules to ensure the mediation goes smoothly.
Fees
Scott and Greg each charge by the hour, with a four hour minimum. We are also happy to discuss per day and per matter fees. Please reach out to Scott or Greg for fee information.
The mediation fee is due two weeks from the date the confirming email is sent to all counsel. We will fully refund the fee if the mediation is cancelled or rescheduled at least four weeks prior to the scheduled date. If the mediation is cancelled or rescheduled fewer than 30 days before the mediation date, the fee will not be refunded unless we are able to schedule another mediation with different parties on the original date.