MEDIATION FEE SCHEDULE AND POLICY

J. Michael Brounoff

TIME, DURATION, AND FEES FOR MEDIATION SESSIONS

Mediation fees are determined based on whether the parties request an expedited, half-day, or full-day session.

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Effective March 29, 2022:

Two-hour sessions – 2-party cases – $375.00 per party

Three-hour sessions – 2-party cases – $550.00 per party

Half-day/four-hour sessions – $700.00 per party

Full-day sessions – $1,400.00 per party

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Expedited 2-hour mediation sessions are available for simple two-party cases.  We do 2-hour mediation sessions from:

9:00 a.m.-11:00 p.m. or 10:00 a.m. to 12:00 p.m., and 1:00 p.m.-3:00 p.m., or 2:00 p.m.-4:00 p.m. – $375.00 per party.

Lunch will not be provided for 2-hour sessions.

Expedited 3-hour sessions are also available for simple two-party cases.  These sessions will be scheduled at the following times:

9:00 a.m.-12:00 p.m. or 10:00 a.m.-1:00 p.m., and 2:00 p.m.-5:00 p.m. – $550.00 per party.

Lunch will not be provided for 3-hour sessions.

4-hour sessions will be scheduled at the following times:

8:30 a.m.-12:30 p.m. and 1:30 p.m.-5:30 p.m. – $700 per party.

Lunch will not be provided for 4-hour sessions.

Full-day mediation sessions are also available with lunch to be provided by the mediator for live, in-person mediations.  Lunch will not be provided for mediations conducted virtually or via telephone.  These sessions will be scheduled at the following time:

9:00 a.m.-5:00 p.m.* – $1,400.00 per party.

*The mediator is committed to working on the case throughout the evening if necessary.

Pre-suit mediations will be conducted under the same fee arrangements.  In some complex matters, consideration will be given to a mediation fee on an hourly basis.  The hourly fee is $350.00 per hour plus travel and unusual expenses.

The usual mediation fee is stated on a “per party” basis.  All parties represented by the same counsel count as one party.  Anyone party who is represented by multiple attorneys is still considered as one party.  Related parties, even with aligned interests, are considered separate parties if they have separate counsel.  The mediation fee will be considered fully earned at the commencement of the initial mediation session.  Payment of the mediation fee is due within 10 days of the confirmation of the mediation, but not later than the commencement of the mediation session.  All mediation fee payments shall be in the form of cash, cashier’s check, insurance company check, corporate check, or check drawn on the bank account of a law firm, and payable to either Gilbert Mediation Group or the mediator.  For your information, the firm tax identification number is 20-3886869.

OUT-OF-TOWN SESSIONS

If requested by the participants, I will travel out of town to conduct mediation sessions at a mutually convenient location.  If the mediation is in a county other than Dallas, Tarrant, Collin or Denton County, Texas, and if travel is by private automobile and does not require an overnight stay, there is an additional charge of $250.00 per party in lieu of travel expenses.  Required travel by common carrier but without an overnight stay will require an additional charge of $250.00 per party plus reimbursement of travel expenses to be shared equally between the parties.  Any mediation requiring an additional day(s) of traveling to or from a mediation location with an overnight stay will be billed as a multiple session for the total number of days involved in the travel and conducting the mediation session, plus travel expenses.  The parties will equally share travel expenses.

RESCHEDULING AND CANCELLATION

 At the present time, I am not instituting a rescheduling or cancellation fee; however, rescheduling is only permitted with the agreement of all parties and the court.  I will continue this policy of no rescheduling or cancellation fee so long as this policy is not abused.

APPORTIONMENT OF FEES

 All parties typically equally share the mediation fee.  It is acceptable for one party to advance or pay the mediation fee on behalf of another party (especially in pre-litigation matters).  In court-ordered mediation, the full amount of the mediation fee will be taxed as court costs unless the parties agree otherwise.

RESPONSIBILITY OF PARTIES AND COUNSEL

 Each party’s attorneys shall be responsible for the timely payment of all fees specified herein.  The mediator reserves the right to refuse to commence the mediation session if all fees have not been tendered in an acceptable form.