MEDIATION PROCEDURE

Walter E. 'Rip' Parker

Whether by agreement of the parties, court order or both, the Mediator will:

• arrange for time and place of the mediation, provide lunch for all participants;
• communicate with attorneys for all parties regarding rules and exchange of necessary data;
• set up pre-mediation conferences when appropriate;
• conduct the mediation;
• conduct post-mediation communications with the Court and parties as needed.

MEDIATION FEE CRITERIA

The mediator does not presume to guess at or EVER take a position regarding potential settlement value. Therefore, fees are not a comment on settlement value. Fees are based on the following criteria:

CRITERIA: The type, complexity or other difficulty inherent in the dispute; the time required to perform a particular mediation competently; the interpersonal dynamics and number of persons; and the financial or other significance of the matter in controversy.

Other considerations relevant to fee setting are the experience and training level of the mediator; the ability and reputation of the mediator; and the support services in the mediator's office.

Fees are charged on the basis of a fixed fee per party for each mediation day or part thereof. Mediation usually begins at 9:30 a.m., continuing through a working lunch until completed. Although most sessions conclude by about 5:30 p.m., we continue into the evening when appropriate at no additional charge. Weekends are available for mediation if requested by the parties or required by scheduling limitations. If the mediation session occurs on a weekend, an additional charge of 25% is due for support staff overtime and building HVAC costs.

If for any reason the case does not settle on the day of mediation, I continue with all effort to discover why and to continue to encourage by phone further negotiations at no additional charge. If all parties agree to mediation on a subsequent day a daily charge will apply.

A few cases require more than one mediation session. If needed, subsequent sessions are usually scheduled by mutual consent following the first mediation session. If the parties initially request that more than one successive mediation day be scheduled, then the full fee for all scheduled sessions is due and earned upon the commencement of the first day of mediation. All fees are payable before beginning the mediation session.

CATEGORIES: According to the CRITERIA related above, cases are relegated to the following categories at the discretion of the mediator after considering initial information provided by the parties during the scheduling process. Charges are per party. Overtime charges may be incurred if a half day or two hour session runs longer than the allotted time.

Full day fees may be altered depending on complexity of issues and the number of negotiating units.

CANCELLATION POLICY

Due to an increasing trend toward last minute cancellations, the very survival of my full time mediation practice requires that this policy be consistently enforced.

I am a full time mediator and have been for over fifteen years. All dates have multiple requests for settings which are rejected in order to protect your previously reserved date.

Cancellation within ten business days of the reserved mediation date for any reason other than an unforeseeable emergency will result in a cancellation charge of up to the full mediation fee. We always attempt to fill canceled days and if we are successful, no charge is imposed. If, due to the late cancellation we are unable to fill the date we have reserved for you, the charge will be imposed.

Occasionally, a scheduled day for mediation is used as an incentive to negotiate for settlement of the case prior to mediation. Mediations which cancel because of settlement within ten business days of the mediation resulting in a lost day of productivity will require payment of the full fee due for that mediation. As always, if we are successful in rescheduling a case to fill that date, no cancellation fee will be charged, but otherwise the full mediation cost is incurred.

If you schedule a mediation with me, please be prepared to fulfill that contract.

Thank you in advance for your cooperation.