Rates effective January 1, 2011

MEDIATION FEE POLICY

Courtenay L. Bass

Time and Duration of Mediation Sessions: Full day mediation sessions typically begin at 9:30 a.m., include a light working lunch provided by the Mediator, and continue until the mediation is completed. The fee for a full day mediation session is $1,275.00 per party. Full day sessions are scheduled to conclude by 5:30 p.m. However, the Mediator is committed to working on the case throughout the evening, if necessary, and all parties and attorneys should clear their calendars for the entire day and evening. Half-day sessions typically commence at either 9:00 a.m. or 1:30 p.m. and are scheduled for four hours.

Payment of Fee: The amount of the daily Mediation Fee is stated on a “per party” basis. The number of parties is determined by counting all parties represented by the same counsel as one party. If one party is represented by multiple attorneys, that party is still considered as one party. Related parties, even with aligned interests, are considered as separate parties if they have separate counsel. The Mediation Fee shall be deemed fully earned at the commencement of the initial mediation session. Payment of the Mediation Fee is due within ten (10) days of the confirmation of the Mediation Fee, but not later than the commencement of the mediation session. All fee payments shall be in the form of cash, cashier's check, insurance company check, corporate check or check drawn on the bank account of (or payment guaranteed by) a law firm and payable to Gilbert Mediation Group. Our Tax ID number is 20-3886869. If payment is tendered in any other form, it will be considered as guaranteed by counsel.

Mediation Fees: Mediation Fees are determined on the basis of whether the parties request a full day or half-day session. Cases involving more than five separate parties may be appropriate for a reduced fee. In some complex disputes where substantial preparation or follow-up is necessary, it may be necessary to bill additional time on an hourly basis, which is currently $375.00 per hour. Travel or other unusual expenses are billed separately.

3 Hour sessions are also available for simple two party cases.  These sessions will be scheduled at the following times:

Lunch will not be provided for 3 hour sessions.

4 Hour Sessions: Half-day sessions are available for simple cases, not to exceed three parties unless agreed by the Mediator in advance. Half-day sessions generally begin at 9:00 a.m. or 1:30 p.m. and last for four (4) hours. Due to time constraints, lunch is not provided at half-day sessions. The Mediation Fee for a 4 hour session is $675.00 per party.

Overtime Rates: If any session runs over the allotted time, the normal hourly rate of $375.00 per hour for the additional time spent will be divided equally among the parties, billed following the mediation session and payable immediately.

Services Provided: The Mediation Fee for a full day covers the cost of a full day of mediation, including a light working lunch, as well as the scheduling and administration of the mediation session and limited telephone conferences with the attorneys before and, if necessary, after the mediation session. The half-day mediation fee covers all of the same items for a four hour session, excluding lunch. Reasonable preparation time is included. However, if extensive preparation is involved, there may be an additional hourly fee.

Multiple Sessions: A small number of complex or multi-party cases require more than one mediation session. Parties are free to schedule more than one session at the time the initial session is scheduled, if they feel more than one session will be necessary. In such cases, the Mediation Fee will be based upon the total number of sessions scheduled and will be fully earned at the commencement of the initial session.

Out of Town Sessions: If requested by the participants, I am happy to travel out of town to conduct the mediation session at a mutually convenient location. If the mediation is in a county not contiguous with Dallas County, there is an additional charge of $375.00 per party. Unless otherwise agreed, travel expenses excluding mileage are passed through at cost to the parties to be divided equally. If it is necessary to spend an additional day traveling to or from the mediation location, the mediation session will be billed as a multiple day session for the total number of days involved in traveling and conducting the mediation session.

Rescheduling and Cancellation: I typically do not charge a rescheduling or cancellation fee, depending on the reason for the cancellation and the amount of notice given. Please see my Rescheduling and Cancellation Policy below.

Apportionment of Fee: The Mediation Fee is typically shared equally by all parties. It is acceptable for one party to advance or pay the Mediation Fee on behalf of another party. In court-annexed mediation, the full amount of the Mediation Fee will be taxed as costs of court, unless the parties agree otherwise.

Responsibility of Attorneys: Each party's attorney shall be responsible for the timely payment of all fees specified herein. The mediator reserves the right to refuse to commence the mediation session if all fees have not been tendered in acceptable form.

RESCHEDULING AND CANCELLATION POLICY

My goal as an attorney-mediator is to assist trial lawyers, their clients and the Courts in the prompt, efficient and cost-effective resolution of disputes. The day which has been scheduled for your mediation session has been set aside for you. Rescheduling and cancellation result in delay of resolution, inconvenience to counsel and clients, inactive days for the mediator and increased costs. Each day that is reserved for you reduces my flexibility in accommodating the busy schedules of other trial lawyers, clients and courts and results in lost opportunity for me to assist others in resolving their disputes.

Generally, we are all working within a time frame ordered by the Court or agreed to by the parties in scheduling the mediation session. Rescheduling the session will almost always result in the need to go beyond that time frame. Due to scheduling conflicts, it is frequently 30 days or longer before another session can be scheduled. In response to these concerns, I have found it necessary to establish the following policies and procedures:

In scheduling a mediation session, I will seek to accommodate every request for more time to gather information and will work diligently to find a date on which everyone can appear without undue sacrifice. In appropriate circumstances, I will intervene with the Court to request additional time under the Order of Referral for Mediation. All counsel should consult with their clients prior to scheduling the mediation session to insure that the date is available and convenient for them. Counsel should notify me immediately when it appears there may be a conflict in proceeding on the scheduled date.

Once a case is set for mediation, the date will be treated as a Court setting. I will not reset the mediation without such cause that would normally postpone a trial. Please carefully consider what needs to be done prior to the mediation session before selecting a date. If a mediation date has already been selected, please notify me immediately if you do not think the case will be ready to be mediated on the scheduled date.

Once a mediation has been confirmed for two dates and both dates have been cancelled by any party to the mediation, a third mediation date will not be confirmed without prepayment of the full mediation fee from all parties. We will be glad to hold a date for you; however, if payment in full is not received ten (10) business days prior to the third confirmed mediation date, the date will be released. If the third confirmed mediation date is cancelled, the fee will be nonrefundable.

I do not typically charge for administrative expenses in a normal case. I do not charge a rescheduling fee if the case is rescheduled for reasons which would normally delay a trial. However, this excludes a cancellation for “additional discovery.” There is also no charge if a case settles prior to mediation. In the event a case is reset for the convenience of a party, or a party decides to cancel an agreed mediation, that party may be charged a rescheduling/cancellation fee of an amount up to the full mediation fee for the case. In the event that more than one party is requesting a reset or cancellation, the fee may be divided between all requesting parties. If at least two weeks notice is given, there will be no charge assessed so please provide as much advance notice as possible.

If you have any questions, please contact me at (214) 303-4500. Thank you in advance for your cooperation.