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Who must attend? Both the plaintiff and the defendent must attend the mediation. If either party is a "company" rather than a "person," the company must send a representative who is authorized to make binding decisions. If an insurance company is sending a representative, it is still important that the parties also attend. How long does it take? Most commercial/civil mediations require between 2 and 4 hours. The goal is to complete the mediation in a single session. You should clear your calendar for a half day. Billing: My billing rate is $250 per hour, shared equally between/among the parties. For court-ordered mediations, the "two-hour free" rule applies. Here's how it works: If the mediation completes or is terminated within one hour, then no fees are charged (unless it was previously agreed to pay other costs, such as travel time). If the mediation goes beyond one hour, then all of the time used by the mediator, including all of the preparation time, is billable, except for two hours. So, the total time (preparation plus mediation) is determined, two hours are subtracted, it is multiplied by $250, then divided by the number of parties. (Link to the judiciary rule.) If a second mediation session is needed, court rules require that the first session be paid for prior to the second session. |
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