MEDIATION & PRIVATE ARBITRATION TERMS AND CONDITIONS
The law firms representing the parties are responsible for the timely payment of their client’s share of the fee.
Mediation and Private Arbitration Start Times
Full-day sessions begin at 9:30 a.m.
Half-day sessions begin at either 9:30 a.m. or 1:30 p.m.
Other start times can be arranged to accommodate the needs of the parties.
Cancellation or Postponement
When a cancellation occurs within 15 business days of the scheduled Mediation or Private Arbitration date, the fee for the scheduled date is deemed earned and the parties will be charged for the time reserved.
When a cancellation occurs more than 15 days before the scheduled Mediation or Private Arbitration date, a fee of 1/2 (one-half) of that day’s fee will be charged for the time reserved.
In either case, if the preparation for the Mediation or Private Arbitration exceeds the above cancellation fee, the higher amount will be charged.
The parties agree that the mediation is governed by the state mediation statute in which the mediation occurs (in Oregon the statute is ORS 36.220 et seq.) and agree the mediation is confidential. The parties further agree that that the mediator will not be required to testify about the mediation unless the parties and mediator otherwise consent.
Please forward submissions so that they are received by me at least 3 business days before the Mediation or Private Arbitration. E-mail submissions are acceptable. The Mediation submission should include a short factual and legal outline of the dispute, a summary of the strengths and weaknesses of a party’s position and a summary of the settlement negotiations to date, if any. The Private Arbitration submission should include a short factual outline of the dispute, names of witnesses (including their address and phone number) that will be called to testify at the arbitration and an indication whether the witness will testify telephonically or live, an organized list of exhibits and copies of all exhibits on the list. A copy of the Private Arbitration submission that is sent to me should also be sent to all other parties participating in the Arbitration.
Personal Attendance by Decision-Makers at Mediation
Decision-makers with adequate authority to settle the dispute should be physically present at the mediation, unless all other parties have been notified in writing and have expressed in writing their agreement to participate by phone.
Joint sessions of some or all of the participants at the mediation may occur if the participants and counsel convince me that such meetings will be productive. Generally, such sessions are not used unless there is an identified purpose, expressions of desire by all participants to have such sessions, and commitments by all that they will participate with the goal of moving toward a resolution.
Retention of Documents
All submitted materials will be destroyed once the mediation closes. The parties may request that the materials are returned to them.