Rates effective January 1, 2011

MEDIATION FEE SCHEDULE AND POLICY

Greg McCarthy

TIME, DURATION, AND FEES FOR MEDIATION SESSIONS

Mediation sessions are typically scheduled on an expedited, four-hour, or full-day basis, although multiple-day mediations can be arranged in certain cases.

Rates – Rates for mediation depend on the length of the mediation session requested by the parties, the complexity of the case, and the number of parties involved. Fees are usually paid prior to commencement of mediation, and the mediation may be delayed or cancelled at the discretion of the mediator if all fees have not been paid in advance. The fees for the various sessions are below:

Expedited two-hour sessions are available for simple two-party cases. These sessions are scheduled for 10 am to noon or 2 pm to 4 pm. Lunch is not provided. The rate is $375 per party. Additional fees of $175 per hour per hour will be charged if the mediation runs longer than the scheduled two hours.

Expedited three-hour sessions are also available for simple two-party cases. These sessions are scheduled for 9 am to noon, 10 am to 1 pm, 1pm to 4 pm, or 2 pm to 5 pm. Lunch is not provided. The rate is $525 per party. Additional fees of $175 per hour per party will be charged if the mediation runs longer than the scheduled two hours.

Four-hour mediations are $625 per party and are scheduled by request only. Lunch is not provided. These sessions are typically set from 9 am to 1 pm, or 1:30 pm to 5:30 pm. In some circumstances, the particular timing of the sessions may be modified. Additional fees of $175 per hour per party will be charged if the mediation runs longer than the scheduled four hours.

Full-day mediations are $1,250 per party for two or three parties, and $1,100 per party for four or more parties. Full-day sessions commence at 9:30 am and continue until the mediation is concluded. A light, working lunch will be provided. The mediator will commit to work on the mediation throughout the evening if necessary, and the parties and their attorneys should clear their schedule for the entire day and evening.

Travel - Greg is also available to conduct mediations outside the Metroplex, with appropriate arrangements for travel. In mediations outside of counties contiguous with Dallas or Tarrant County, an additional fee of up to $250 per party may be charged. If the mediation is held in a location which requires travel other than driving, reasonable travel expenses will be included, and should be shared equally among the parties.

Apportionment - Mediation fees are typically shared equally by all parties, although it is acceptable for one party to advance or pay for the mediation fee of another party. In court-ordered mediation, the entire fee will be taxed as court costs unless agreed otherwise by the parties.

For the purpose of determining fees, parties represented by the same attorney will be considered one party. Related parties or parties with similar interest will be considered separate parties if they have separate counsel, even if multiple attorneys are from the same firm.

Method and Timing - Payment should be made, payable to Gilbert Mediation Group, ten days in advance of the mediation, but not later than commencement of the mediation. Cash, cashier’s check, or a check drawn on the bank account of an insurance company, corporation, or law firm are accepted. Personal checks are typically not accepted, although this may be acceptable under certain circumstances. Any payment other than those described above will be considered guaranteed by the attorney whose client makes the payment. Gilbert Mediation Group’s Tax ID number is 20-3886869.

Cancellation or Rescheduling – I view mediation as a way to help lawyers, their clients, and courts solve conflict. To do that, we must set aside the time for your mediation well enough in advance that all parties can be present and everyone has the opportunity to be prepared to make the most of the opportunity for conflict resolution presented by mediation. This means that the time set aside for a particular case cannot be given to another case. Rescheduling takes time and other resources, and often results in lost opportunity to assist other lawyers, clients, and courts in the resolution of their cases.

I ask that all counsel work diligently to set their mediation on dates that will work for all concerned parties. It is essential that lawyers contact their clients first about scheduling to be sure that the parties are available. I also ask that all counsel give the courtesy of advising me as early as possible when a conflict arises.

Generally, I will treat the mediation date in the same way as a trial setting. I will usually not reschedule a mediation due to circumstances that would not justify a resetting of a trial. If circumstances arise that would justify resetting of a trial, the mediation will typically be rescheduled without additional fee. Settlement of the case prior to mediation will not result in the imposition of a fee. However, the need for additional discovery, pleading issues, and the like will not suffice for rescheduling of a mediation. Again, I urge all counsel to do everything possible to avoid cancellations and rescheduling of mediations.

If the mediation must be rescheduled and at least two weeks’ notice is given, there will be no fee for rescheduling. If a party decides to cancel an agreed mediation less than two weeks before the mediation, or if a mediation is reset for the convenience of a party, that party may be charged a fee for rescheduling or canceling the mediation, up to the full fee for the mediation. If more than one party requests a cancellation or rescheduling within the two-week period, the cancellation or rescheduling fee may be divided between the parties requesting the change.