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Terms & Conditions

 

The Framework for the Mediation

Unless the mediator is informed to the contrary, the parties are deemed to have agreed to the following:

  1. Fees for Mediation

    Full-day: The fee for full day mediation is $3,200 plus $350 per hour in excess of 10 hours. Preparation time is included in this time.
    Half-day: The fee for half day mediation is $1,700 plus $350 per hour in excess of 5 hours. Preparation time is included in this time. The law firms representing the parties are responsible for the timely payment of their client’s share of the fee.

    The parties agree to share the mediation fee unless I and all other parties are notified otherwise in advance of the mediation. These fees include our time in preparing for the mediation.

  2. Fees for Arbitration

    Fees for arbitration will vary based upon the type of arbitration requested   Fees for court-mandated arbitration will differ from fees charged for claims involving compensation  or other claims under an insurance contract or other benefit entitlements.  Please call me for our typical fee for such services.

    All other terms and conditions apply with the exception that notice 15 working days before the scheduled arbitration date is required to avoid the minimum charges for the time reserved.

  3. Mediation Hours

    Full-day: Full-day mediations begin at 9 a.m.
    Half-day: Half-day mediations commence at either 9 a.m. or 1:30 p.m. Other start times can be arranged to accommodate the needs of parties or counsel.

  4. Cancellation or Postponement of the Mediation

    There is no charge if the mediation is cancelled more than 10 working days prior to the date reserved for the mediation. When a cancellation occurs within 10 working days of the scheduled date, the fee for the mediation is deemed earned and the parties will be charged for the minimum time reserved UNLESS the time reserved is utilized by other parties. We post times available on the website. It is necessary to strictly enforce this cancellation provision.

  5. Confidentiality

    The parties agree that the mediation is governed by the state mediation statute in which the mediation occurs (in Oregon the statute is ORS 36.220 et seq) and agree the mediation is confidential. The parties further agree that the mediator will not be required to testify about the mediation, unless the parties and the mediator otherwise consent.

  6. Submissions

    Please forward submissions to us so that they are received by the mediator at least 3 business days before the mediation. E-mail delivery is acceptable. The submission should include a short factual and legal outline of the dispute, a summary of the strengths and weaknesses of a party’s position and a summary of the settlement negotiations to date, if any. Pertinent copies of important evidence or reports are welcomed.

    Parties are invited to telephone the mediator to provide additional information if it is deemed necessary.

    The parties are encouraged to share their submissions with the other parties. Please advise if this is done.

  7. Personal Attendance by Decision-Maker(s)

    Decision-makers with adequate authority to settle the dispute should be physically present at the mediation, unless all other parties have been notified in writing otherwise and have expressed in writing their agreement to participate by phone.

  8. Joint Sessions

    Joint sessions of some or all of the participants at the mediation may occur (a) if the mediator deems that such sessions would be productive, or (b) participants and counsel convince the mediator that such meetings will be productive. Generally, such sessions are not utilized unless there is an identified purpose, expressions of desire by all participants to have such sessions and commitments by all that they will participate with the goal of moving toward resolution.

  9. Retention of Documents

    All materials submitted to the mediator are destroyed when the case settles, but in no event 75 days after the mediation has occurred. Parties are invited to make arrangements to pick up their material, if desired.