Mediation Process & Fees

As a way for us to maximize our effective time at mediation, here is a process I would like to follow.  It’s not a mandate; just a suggestion.

• Two weeks before the scheduled mediation, you complete and send me my pre-mediation questionnaire briefly answering eight questions about the dispute. 
• Soon after I receive the completed questionnaire you are invited to participate separately in a short pre-mediation call with me. These calls are typically with the lawyers who will attend the mediation, but there are occasions when a lawyer wants a party representative to participate. One thing we will cover is any additional materials you should include in your mediation statement to educate me on the answers to hard questions that you and the other parties should answer at mediation. 
• At least two business days before the mediation you provide me the materials we identified in our pre-call. 

I do not conduct half-day mediations.  Our mediation day usually commences at 9:30am, includes a working lunch and lasts until there is a settlement or I declare an impasse.  While I prefer in person mediations, if necessary and with the agreement of all parties, I will conduct a virtual mediation via Zoom. 

If a settlement is not reached on our day of mediation, but in my view, settlement remains a possibility, you can expect that I will persistently follow up with you until you tell me to quit. 

For pre-mediation work as described above, a full day of mediation in Houston and a reasonable amount of follow-up, I charge $3000 per party.  Mediations outside of Houston will require extra charges such as reimbursement of travel expenses. Payment is expected in advance. I will consider for the purpose of the fee a party to be all those represented by the same attorney.  If an insurer participates in the mediation but there are material coverage issues between insurer and insured, I will consider the insurer a party.   Also, in terms of my fee, I do consider special circumstances and pro bono opportunities.

If there is additional work I can do beyond what is described above either to facilitate or implement a settlement, I am happy to serve in that role at a market hourly rate. 

We can conduct mediation at a venue of your choice. Unless the parties choose otherwise, I conduct Houston mediations at the Caroline Center for Dispute Resolution. There is no extra charge for use of this ideal setting to resolve your dispute.