Fees & Scheduling | Mediation Offices of Floyd J. Siegal

Additional Information

• Pre-Mediation Telephone Conferences / Mediation Briefs

  Time permitting, Floyd will attempt to call each attorney privately before the mediation to discuss the matter in detail, spending as much time as necessary to acquaint himself with the facts and the issues in dispute, and to help him design the mediation process to be most effective and efficient. These pre-mediation calls frequently obviate the need for Mediation Briefs. However, parties are encouraged to prepare Mediation Briefs whenever they intend to exchange them with one another and/or think it will enable Floyd to better assist the parties. Similarly, if there are photos and/or documents that Floyd should review in advance of the mediation, please be sure to provide copies.

  If Mediation Briefs are to be submitted, they should be submitted at least 72 hours before the mediation and should include a brief summary of the facts, the identity of the persons who will be attending the mediation, the issues which are in dispute, the contentions of the parties, the history of any settlement discussions, and a discussion of any matters that may prove to be an impediment to resolving the dispute. Mediation Briefs may be submitted as pleadings, letters or informal e-mail communication, but shall be limited to 10 pages (including exhibits).

  Mediation Briefs should be sent to fjs@fjsmediation.com

• Post-Mediation Follow Up

  If the matter is not resolved on the day of the mediation, Floyd will provide unlimited follow-up by email and/or telephone, at no additional charge.

• Locations for Full-Day Mediations

  In addition to Judicate West's six California office locations, Floyd is available to travel to any other location within the following Southern California counties, at no additional charge:

  • Los Angeles
  • Orange
  • Riverside
  • San Bernardino
  • San Diego
  • Santa Barbara
  • Ventura
  • Kern
  

• Hourly Rate For Additional Time

  If the parties — subject to Floyd's availability — would like to extend a Half-Day Mediation beyond its scheduled time of completion, all additional time will be billed at the rate of $590 or $690 per hour, depending upon the number of parties.

• Payment/Cancellation Policy

  All case administration and mediation fees are due and payable in full immediately upon receipt of an invoice from Judicate West. Failure to pay in full at least 10 days prior to any Half-Day Mediation or 30 days prior to any Full-Day Mediation may result in forfeiture of the reserved mediation date. All supplemental charges are due and payable immediately upon receipt of a supplemental invoice from Judicate West. For cancellation policies, please refer to Judicate West's continuance/cancellation policy, which can be found at www.judicatewest.com/firm/pricing.

• Apportionment of Mediation Fees

  It will be assumed that each party is responsible for its proportionate share of the total fee for the mediation, unless indicated otherwise.

• Who Should Attend

  Whenever possible, those with ultimate settlement authority should personally attend the mediation, as should anyone whose presence and participation might influence the outcome of settlement discussions (i.e., spouses, business partners, etc.). If the person with ultimate settlement authority is not able to personally attend the mediation, please inform opposing counsel well in advance of the mediation and confirm that opposing counsel is nevertheless willing to proceed with the mediation.

• Documenting a Settlement

  Due to the confidentiality of the mediation process, evidence of a settlement reached at mediation is inadmissible, and the settlement therefore cannot be enforced, unless the settlement satisfies the provisions of Evidence Code Section 1118 (with respect to "oral agreements") or 1123 (with respect to "written agreements"). Evidence Code Section 1118 requires that an "oral agreement" must meet the following requirements: (a) it must be recorded by a court reporter, tape recorder or otherwise reliable means of sound recording; (b) the terms of the agreement must be recited on the record in the presence of the parties and the mediator, and the parties must express on the record that they agree to the terms recited; (c) the parties must expressly state on the record that the agreement is enforceable or binding, or words to that effect; and (d) the recording must thereafter be reduced to writing, and the writing must be signed by the parties, within 72 hours after it is recorded. Evidence Code Section 1123 requires that a "written agreement" must be signed by the settling parties and must meet one of the following requirements: (a) it must provide that it is admissible or subject to disclosure, or words to that effect; or (b) it must provide that it is enforceable or binding, or words to that effect. Given how strictly the courts have thus far adhered to and interpreted these provisions, it is strongly recommended that counsel bring a proposed form of settlement agreement or release to the mediation.