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A mediation session may be booked by calling our offices at (510) 891-9800 or by submitting an e-mail to mediations@scalaw.com and requesting available dates. At that time, we will need the following information:
- Case, parties and lawyers’ names;
- Case venue and judge;
- The parties’ agreement regarding division of the mediation fee and costs;
- Proposed mediation date and location.
Scott Cole is available to conduct mediations throughout California or nationwide. While many mediation sessions take place at the office of lawyers representing a party, we can also provide comfortable and productive space and amenities for mediation at our Oakland offices.
In order to properly convene the mediation, the parties should submit mediation briefs at least one week prior to the session. This allows both Mr. Cole and the other counsel to frame and hone the issues to be addressed. Mediation briefs are encouraged to be shared with all other parties, although a confidential brief should be submitted if the alternative is submitting no brief at all. The more information, documentation and evidence submitted prior to the mediation the better. While there is no page limit for briefs, they should include:
- Facts and legal claims and the bases therefore;
- Procedural background;
- Summary judgment status;
- Class certification status;
- Damages evaluations;
- Expert/consultant reports;
- Settlement demands/offers.
Note that, given Mr. Cole’s significant background handling class action matters, mediation briefs need not contain detailed legal analysis of the law concerning class certification issues but, rather, should focus on how the facts and law applicable to the dispute are likely to result in a particular conclusion/outcome, and what result the parties desire at mediation.
After a mediation date has been selected, and mediation briefs have been submitted, Mr. Cole will separately contact the parties’ lawyers to discuss various matters including:
- Confirmation and logistics of mediation;
- Propriety of conducting a joint session;
- The mediation attendees;
- Issues that may interfere with the goals of mediation.
All parties should have someone present who can make legally-binding decisions and/or is otherwise needed for a resolution. In some occasions, it may be more appropriate or necessary for participants to appear at the mediation by telephone. When this is expected, it should be discussed with Mr. Cole during the Pre-mediation teleconference.
Flat Rate: Mr. Cole charges a flat rate of $5,000.00 per day or $2,500 per half day (up to four hours) for all cases other than wage and hour class action matters. For wage and hour class action matters, Mr. Cole charges $7,000.00 per day. These fees include all preparation time, administrative work, pre-session telephone conferences, unlimited hours on the day of mediation and a reasonable amount of follow up communications with the parties’ counsel. For cases outside of the Bay Area, the parties may be asked to incur an additional charge for travel time and related expenses.
Basic Hourly Fee: Mr. Cole charges $650.00 per hour. The hourly fee applies equally to time spent in mediation and all other tasks which the parties ask to have performed, or which are necessary to preparing for or following-up after the mediation.
Terms: To hold a mediation date, a deposit of the full rate (i.e., the applicable flat rate, or the hourly rate multiplied by the requested number of reserved hours) is due two weeks prior to the date of mediation. Where a single day is reserved, this deposit shall be fully refundable until seven calendar days before the scheduled date (minus fees and costs incurred). Once the deposit ceases to be refundable, it shall be forfeited. Exceptions may be made when appropriate. In the event of a forfeiture, the cancelling party shall be responsible for any claim of reimbursement from a non-cancelling party. Unless otherwise agreed, the parties shall be assumed to be dividing any fees and costs equally. A represented party’s lawyers shall be responsible for the payment of fees and costs that are not promptly paid by the client. A reduced fee may be requested where a higher fee is not economically viable, or in other special circumstances. Every effort will be made to insure that no party is forced to use another neutral due solely to budgetary concerns. In multi-party or unusually complex cases, a premium may be charged.
Costs: All costs will be borne by the parties, including travel costs. Costs for travel will be negotiated on a case-by-case basis.
For more information, please call our office at (510) 891-9800 or by email at mediations@scalaw.com.
Rates effective as of January 1, 2011.
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