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  Why should I go to mediation?

  When is a good time to go to mediation?

  Who should attend a mediation hearing?

  Fees: How much does mediation cost?

  How long will mediation last?

  Do I have to deal with the other side at the mediation?

  Where are mediations held?

  Do I need to bring anything to the mediation?

  Should I prepare a brief?

Q:  Why should I go to mediation?

A:   The short answer is that as compared to trial, arbitration and other forms of dispute resolution, mediation has many advantages such as:

- Voluntary

- Parties control the outcome and not a judge, jury or arbitrator

- A resolution can be fashioned in just about any form the parties want

  so long as it is legal

- Generally it is lest costly than other forms of dispute resolution

- You can stop, leave or terminate the proceeding whenever your want

- No one can force you to do anything

- It is confidential

(SEE A DETAILED COMPARISON OF ARBITRATION AND MEDIATION

UNDER THE MEDIATION LINK)

Q:  When is a good time to go to mediation?

A:   Anytime if you have willing participants that are coming to the mediation in good faith.

Cases are being mediated with greater frequency before a lawsuit has

been filed. While there is some concern that pre-litigation mediation

has some obstacles, such as the lack of sufficient information because no discovery has been conducted, results are often promising. Sometimes the parties agree at mediation that they have to exchange information and do some work and that a second mediation will likely resolve the case. Other times the mediation can come to a full resolution of the claim. Mediators can often guide the parties in discovery exchange if necessary without the costly discovery battles that often take place in the course of ‘normal litigation’.

Often mediation is either ‘ordered by a court’ or the parties voluntarily choose to attempt to resolve their dispute during the pendency of litigation. When parties realize that there is always a risk that there position is not airtight and that the costs of going forward in litigation are substantial, the economies and other benefits of mediation become more attractive to them.

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Q:  Who should attend a mediation hearing?

A:   Generally, anyone that is crucial to the decision making process of a party or for a party should be there. This can included spouses, other family members business advisors, tax advisors, partners, etc.

Q:  Fees: How much does mediation cost?

A:   There are some mediation services (through court and community service organizations) that are free or low cost. Most mediators charge by the hour and depending on the nature of the dispute fees can be as low as $100.00 per hour to $1000.00 per hour. If you are represented by a lawyer there will be the costs of your attorney and generally the mediator’s fees are split equally between the parties.

Brian Ghiglia’s fees are $350.00/hour with a three hour minimum. There are no hidden fees or administrative costs. A deposit of $1050.00 (split between the parties) is required no later than one week before the mediation date. A full refund is available upon cancellation more than three business days before the mediation. Initial telephone conference with parties for convening purposes is without charge. Subsequent telephone conferences, review of briefs, etc. is at the same hourly rate. Certain custom arrangements will have different fee structures. Please call to discuss.

Q:  How long will mediation last?

A:   While many disputes can be resolved in half a day (3-4 hours), some disputes can require multiple mediation sessions over a period of days.

Q:  Do I have to deal with the other side at the mediation?

A:   Each mediator handles cases differently and hopefully with enough skill and wisdom to know when it is appropriate for the parties to engage in direct dialogue, be in the same room, etc. When the dispute is particularly acrimonious and one or both of the parties request to avoid a face to face meeting this desire will generally be respected.

Q:  Where are mediations held?

A:   Generally mediations are held at the office of the mediator. Some mediators do not have a physical location and will mediate at the offices of one of the parties. If the number of participants is large, mediations often will be held at whatever location reasonably accommodates the parties.

Q:  Do I need to bring anything to the mediation?

A:   If you are a party, you need to bring a flexible attitude, and be ready to work toward a win-win situation. If you are an attorney you need to do the same and bring any relevant material.

Q:  Should I prepare a brief?

A:   Yes! Briefs are beneficial for two main purposes. One purpose is to give the Mediator a general sense of the law and facts that are being dealt with. The other is to educate and persuade the other party. In many cases an opposing side truly needs to have your brief and any new information at least two weeks before the mediation so that it can be vetted and reviewed by appropriate decisions makers (such as upper management risk review committees, corporate counsel, claims committees, business partners, tax advisors etc.). Confidential briefs rarely make sense. If you want to make confidential communications to the mediator we suggest a separate ‘confidential letter’ to the mediator along with the brief being given to the other parties.