Mediation Fees


My usual hourly rate is $475.00 but I strongly recommend a flat fee agreement. There's important research reported in 2008 that demonstrates that the parties' and counsel's preparation for negotiation and the way they approach the mediation process is even more influential on outcome than anything the mediator does during the session. With a flat fee agreement I include face to face meetings with the parties and their attorneys before the mediation session ever takes place to help assure that good preparation for negotiated resolution is done. This also helps to build rapport with the parties before they attend.

A full day mediation is $5,500.00. This includes all preparation including face to face meetings with all attorneys and parties before the day of the session.

my full day mediation fee agreement:

MEDIATION AND CONFIDENTIALITY AGREEMENT

FLAT FEE - FULL DAY

This Mediation and Confidentiality Agreement (Agreement) is made between the undersigned parties (Parties) and the mediator (Mediator).

1. AGREEMENT TO MEDIATE. The Parties agree to attempt to resolve their existing controversies in mediation with Gary Weiner (Mediator.) The first mediation session will begin at a time and place to be determined by the parties in consultation with Mediator. Scheduling of the first mediation session will be confirmed by email to counsel or to parties participating without counsel.

2. MEDIATOR'S ROLE. Mediator will act as a neutral third party. Mediator will not act as an attorney or advocate for any Party in this or in any future related proceeding and will not provide legal advice.

3. CONFIDENTIALITY. The Parties, Participants and Mediator agree that the services provided for in this agreement are provided under the provisions of California Evidence Code Sections 1115 et seq. and all applicable case law unless otherwise stated.

a. Any files or notes created or maintained by Mediator are solely for Mediator's use and will be destroyed following the termination of the mediation as defined in the above provisions of the Evidence Code.

b. Mediator will not testify and will not be subpoenaed by a Party to testify in any future proceeding. Mediator will be entitled to payment of attorneys' fees and costs for the purposes of defending any subpoena.

c. Under no circumstances will the parties initiate legal proceedings against Mediator except for intentional torts. This provision is intended as a covenant not to sue. Breach of its terms may cause damages to Mediator, including attorneys' fees and costs.

d. This agreement is not a confidential mediation communication.

FEES, EXPENSES AND DEPOSIT. Mediator will charge a flat rate for mediation services as follows:

a. Preparation: $1,000.00. This includes all premediation communications, reading time, and development of mediation strategy.

b. Full day: $4,500.00. A full day mediation session ends when the parties either reach an agreement as defined in Evidence Code 1115 et seq. or the parties decide to terminate the session. I.e., the mediator will work with the parties for as long as it takes on the day of the mediation session. All mediation sessions will, however, adjourn not later than 8 p.m. on the day the mediation begins.

c. Should the parties desire to do so, they may agree to reconvene for a full-day mediation, a half day at $1,900.00 per half day or on an hourly fee basis.

  1. POST SESSION FOLLOW UP

a. Follow up time, if necessary and pursuant to the parties' agreement, will be charged at the hourly rate of $475.00. Mediator will charge for all communication, written or oral, including but not limited to reasonable telephone calls, correspondence, preparation for further mediation, and any follow-up activities or required drafting of summaries or other documents.

  1. TRAVEL TIME.

a. Travel time, if necessary, is included unless Mediator is required to travel over 80 miles from Emeryville, California in either direction under which circumstances the hourly rate for travel time will be $275.00. The Parties agree to reimburse Mediator for all costs and expenses related to this matter, including but not limited to those associated with travel.

  1. DEPOSITS AND REFUNDS OF DEPOSITS.

a. The Parties agree to pay pro rata share of a deposit of $5,500.00. The deposit will be due not later than close of business 5 business days after execution of this agreement. This amount will be deposited in Mediator's trust account.

b. Deposited funds will be applied against fees and costs incurred by the Parties. The Parties authorize Mediator to withdraw funds from this account to pay fees and expenses after they are incurred.

c. The Parties agree to make additional deposits in the event follow up work is requested.

d. The mediator will not refund advanced fees if the parties cancel the mediation any time after the close of business 5 business days before any live mediation session is scheduled to begin except under exigent circumstances. Mediator reserves the right to, in his sole discretion, determine if the circumstances warrant a refund.

By signing below, the following Parties indicate their intent to be bound by the above provisions.

Gary Weiner, Mediator

PARTICIPANTS:

_______________________________ _________________________________

Printed Name Signature

_______________________________ _________________________________