Mediation Arbitration Trial by Special Judge
Parties may select between two standard fee options: A "full day" or a "half day" fee.
- The “full day” fee is $ 1000 per party for up to eight hours in session.
- The “half day” fee is $ 500 per party for up to four hours in session.
Rates will be quoted during initial discussions and confirmed in writing.
Additional time will be charged at an hourly rate per party which will vary depending on the number of parties.
Other fee arrangements can be negotiated as desired.
For fee purposes the term "party" includes one or more parties that are represented by the same attorney.
Multiple parties that are represented by different attorneys are treated as separate "parties" for fee purposes, even if they share a common legal position in the dispute.
A single party represented by more than one attorney is treated as a one "party" for fee purposes.
Form of payment
Checks should be made payable to Delaney Mediation, Inc. A taxpayer ID will be provided on request.
Fees are due and payable not later than the conclusion of a session.
There are no charges for services outside of the actual sessions, such as phone calls, e-mails, faxes, copying, correspondence, case study, legal research, drafting of settlement agreements (or award letters), and reports to courts.
Travel and facility expenses
Unless otherwise agreed there are no charges for expenses incurred for travel, lodging, parking, and the like.
When agreed in advance there may be an additional charge to reimburse the mediator for the cost of a mediation facility.
Your mediator does not maintain a traditional law practice. He is a retired district court judge who, in addition to serving as a "visiting judge," is permitted by rules of judicial ethics to serve as a mediator (and arbitrator), but not to practice law generally.
Your mediator will become committed to your scheduled session once it has been agreed upon. He will decline other engagements that would conflict.
When a session is cancelled near the scheduled date, for whatever reason, it normally results in a loss to the mediator.
There is no other income-generating activity that can fill the vacant time slot, unlike in a normal law practice.
Consequently, it is reasonable for the mediator to be compensated, at least in part, for the time lost due to late cancellations.
A "cancellation" means permanent cancellation, whether due to settlement or other reasons. It does not normally include rescheduling.
Late cancellation defined
A "late cancellation" is one that the mediator is notified of during 3 calendar days immediately before the session date.
A "late cancellation" of a session shall entitle the mediator to be paid ½ the agreed fee (whether "full day" or "half day") for all parties.
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