Mediation Style
My mediation approach combines facilitative and evaluative techniques. I focus on assisting the parties to identify the range in which productive negotiations can take place and a reasonable settlement can be found. I will provide a mediator’s analysis and recommendation when requested to break an impasse.
Mediation Preparation and Logistics
I require that the parties execute a letter agreement confirming the date, time and place of the mediation and assuring the confidentiality of the process. I strongly encourage the parties to have their actual decision maker with adequate settlement authority attend the mediation.
I ask the parties to provide me with a confidential case summary containing:
- A list of the parties and key lay and expert witnesses for conflict-check and disclosure purposes
- A summary of the facts
- A brief procedural history of the case, including status, prior negotiations, and scheduled trial or hearing date
- A summary of the key factual and legal issues, including a discussion of any cross, counter, and/or third party claims
- A damages analysis
Your summary should be emailed in PDF format at least three days prior to the
mediation. You should tell me whether the parties have agreed to exchange their submissions. I willingly review key documents and pleadings. A working copy of any lengthy supplemental documents should be sent to my office via overnight delivery three days prior to the mediation. I generally schedule a private pre-mediation telephone conference with each party’s counsel to identify any special problems or concerns.
I request that the parties agree upon (or toss a coin to determine) the location of their mediation, preferably in one of the attorneys’ offices, with sufficient space to provide a private room for each party. If the parties cannot agree on a location, with advance notice I may be able to provide arbitration and mediation space in downtown Seattle through the Cable Langenbach Kinerk & Bauer LLP law firm. Please let me know as soon as possible if you anticipate difficulty in setting the location of your matter.
I do conduct telephone mediations. With the parties’ agreement, I will continue an in-person mediation by telephone if a case has not been resolved at the end of the scheduled mediation day.
Mediation Fees and Payment
My hourly rate is $300 per hour. I do charge for preparation time because a well-prepared mediator can cut more quickly to the heart of the case. I charge out of pocket travel costs for mediations outside the Seattle area, but do not charge for travel time.
No case should fail to be resolved because of the cost of resolving the dispute. To that end, I offer a $1,500 fixed fee option that covers preparation, all session time, and follow up for cases that involve initial damage demands of less than $50,000, exclusive of claims for attorneys’ fees and exemplary damages.
For Seattle mediations, a deposit of $3,000, divided among the parties is due at least ten days prior to the mediation. A higher deposit may be required for out of town mediations. Deposits are refunded if the parties provide notice of cancellation at least seven days’ prior to the mediation, or if I am able to otherwise fill the day with another engagement.