TERMS AND CONDITIONS

FEES:  

The standard rate is $400 per hour, divided among the parties either by party (each named party in multi-party cases) or in two equal shares by side (i.e., plaintiff(s)/defendant(s)).  Any questions about fee allocation should be resolved in advance of the mediation.  Subject to the maximum charge policy explained below, all time spent in preparing for and conducting the mediation is charged, including review of pleadings, documents and submissions of counsel, conduct of the mediation session, and any necessary follow-up including telephone calls, preparation of the report and so forth.  There is also a small administrative charge to compensate for unrecoverable expenses, file set-up, time consumed in scheduling, etc. 

MINIMUM/MAXIMUM:  

For half day mediations, a minimum of 3 hours will be charged.  For full day mediations, a minimum of 4 hours and a maximum of 10 hours will be charged on the day of the scheduled mediation.  In the event a mediation must be adjourned and reconvened, no minimum will apply to the reconvened session, which will be charged at actual time only up to the maximum per day.  For multi-party mediations which are originally scheduled for multiple days, one minimum charge will apply, and the maximum and cancellation charges will apply to each scheduled day. 

EXPENSES: 

Although there is usually not significant reimbursable expense in connection with mediation, standard items such as travel costs (hotel, meals, mileage, airfare), courier fees, etc., will be itemized and billed in the event they occur. 

TRAVEL TIME: 

There is no charge for travel time within the following counties:  Hillsborough, Polk, Hernando, Manatee, Pasco, and Pinellas.  For travel elsewhere within Florida, one half of the round-trip travel time will be charged.  Travel outside the state will be separately negotiated. 

CANCELLATION:

 Scheduled mediations which are canceled on less than 5 days' notice will be subject to the minimum charges set forth above.  If the parties are unable to agree on which party is responsible for the cancellation, the fee will be divided between the parties.  In the event a canceled mediation is rescheduled, one half of the cancellation charge will be credited against the fees in the reconvened session.   

PAYMENT: 

Charges will be invoiced to counsel within a few days of the mediation, and payment is due upon receipt.  While it is understood that these invoices are sometimes transmitted to clients for direct payment, counsel or counsel's firm is responsible for engaging the mediator's services and for payment in the event the client fails to pay.  If there is any doubt as to a client's ability to pay, the mediator reserves the right in his sole discretion to require a deposit of not less than the minimum charge, payable not less than 3 days before the scheduled mediation.