MEDIATION FEES AND CANCELLATION POLICY
Hourly Fees $350 per hour, 2 hr minimum, no charge for cancellations.
Mediation is a voluntary process of cooperative problem solving in
which a neutral third party, with special training and skills, helps
individuals to work out mutually acceptable, agreements. The
mediator is selected by agreement between the parties.
It is important to note that the mediator does not reach the
solution; the parties do, with the mediator's help. Although
conflict is difficult to deal with, and emotions often run high, you
should come to mediation with an honest desire to reach a settlement
that is fair to both and workable in practice. Participants in
mediation must be prepared to be flexible in moving away from their
initial positions to seek solutions which meet as many of their
mutual interests as possible.
Mediation is voluntary, and either party is free to withdraw from
mediation any time during the process. In fact, unless there is an
existing contract between the parties which requires mediation if a
dispute arises, or if required as part of a mandated court
procedure, a party need not participate in mediation. In some
circumstances, the mediator may also end the process, if he or she
believes that mediation is not appropriate or useful for the
parties. Although the process is voluntary, agreements reached
through mediation can be as valid as any other contract.
Arbitration is a process where two or more parties, who have
been unable to negotiate a solution to a problem, agree to put the
matter to an independent neutral person to provide an answer, and to
be bound by that decision. Sound simple? It can be, and has been
known to be used by people in all societies since the days of the
early Greek civilization.
Why? Because merchants involved in commercial disputes, shipping
companies and their customers, insurance companies and the insured,
unions and employers, have all found over the years that the process
works. It provides sensible results without having to go to court.
The popularly of arbitration over the years (and in fact, centuries)
shows that the system works well and efficiently for those who use
it. For example, complaints under union-management collective
agreements are routinely resolved by arbitration - and it is the
rare case that goes to appeal.
There are similarities between arbitration proceedings and those
of the courtroom.
The arbitrator hears evidence from witnesses for the parties.
Each side is represented by a spokesman or advocate
The arbitrator listens to the arguments and produces a binding
award, just as a court gives a judgment.
The differences between litigation / arbitration are:
No long written pleadings (through briefs and written argument
can be used and are sometimes very effective)
Delays and extra "motions" are eliminated, or at least kept to
The rules of evidence and formality are relaxed and less