MEDIATION FEE SCHEDULE AND POLICY
Mark W. Gilbert
TIME, DURATION, AND FEES FOR MEDIATION SESSIONS
Mediation fees are determined on the basis of whether the parties request an expedited, 3 hour, 4 hour, or full-day session.
Expedited 2 hour mediation sessions are available for simple two-party cases. We do two-hour mediation sessions from:
10:00 a.m.–12:00 p.m. and 2:00 p.m.–4:00 p.m. $500.00 per party (2 party cases only). Lunch is not provided for these sessions.
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. $650.00 per party
1:00 p.m.–4:00 p.m. or 2:00 p.m.–5:00 p.m. $650.00 per party
Lunch will not be provided at 3-hour sessions.
4-hour sessions are available at request only.
9:00 a.m.–1:00 p.m. and 1:00 p.m.–5:00 p.m. $775.00 per party
Full day mediation sessions are available with lunch to be provided by the mediator. This session will be scheduled at the following time:
9:30 a.m.–5:30 p.m.
$2,000.00 per party
(subject to change without notice)
*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 currently $375.00 per hour plus travel and unusual expenses.
The usual mediation fee is stated on a “per party” basis. The number of parties is determined by counting all parties represented by the same counsel as one party. Additionally, if one party is represented by multiple attorneys, that party is still considered as one party. Related parties, even with aligned interests, are considered as separate parties if they have separate counsel. The mediation fee shall be deemed 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, cashiers check, insurance company check, corporate check, or check drawn on the bank account of (or payment guaranteed by) a law firm and payable to either Gilbert Mediation Group. For your information the firm tax identification number is 20-3886869.
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 not contiguous with Dallas County there is an additional charge of $250.00 per party. In the unusual event that travel expenses other than mileage are required, the costs are to be divided equally among the parties. If it is necessary to spend an additional day traveling to or from a mediation location, the mediation session will be billed as a multiple session for the total number of days involved in the travel and conducting the mediation session.
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 as long as this policy is not abused.
APPORTIONMENT OF FEES
The mediation fee is typically shared equally by all parties. It is acceptable for one party to advance or pay the mediation 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
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.