Scheduling the Mediation
Once the mediation date is select a confirmation letter is sent to all counsel confirming the mediation date and location with instructions on completing the mediation summary and the Confidential Mediation Preparation Form. The parties provide the information to me before the date of the mediation.
Location
The mediation can be scheduled at one of three conference centers we use throughout the Greater Cleveland area, a conference facility in downtown Cleveland or at one of the offices of the participating counsel.
Fees
Our mediation fees are $275.00/hour for a two and three party mediation; $300.00/hour for a four or more party mediation. Time for preparation and travel to the mediation is billed to the parties. All fees are invoiced after the mediation is concluded with payment due in thirty (30) days rates). No retainer or pre-payment is required.
Preparation
Counsel are encouraged to discuss all relevant issues that will be part of the mediation including who should attend and any special arrangements. Generally I request the parties to submit a short mediation statement and complete a confidential mediation preparation form. I will review the materials submitted to me prior to the mediation and discuss with counsel privately how I can help them with their case at mediation. Every effort is made to insure that the necessary parties attend the mediation.
Customizing the Mediation
Some mediations require specific and different approaches to be effective. In such cases I will tailor the mediation process to better facilitate and address the issues involved. For example, multiple party cases may require a pre-mediation conference. Highly emotional charged cases might benefit from a modified opening general session; and some cases require multiple sessions or days for the mediation; Ultimately every mediation is conducted with a process that addresses the specific case issues to maximize the effectiveness of the mediation. Counsel's candor and input helps me address specific concerns and issues.
Stages of the Mediation
Generally the mediation will begin with a general session with all parties present. After I explain the process and my role as mediator, each party and their counsel are given an opportunity to discuss their claims and perspective. At some point I will usually meet in a confidential, private session or caucus with each party to discuss specific issues that may not have been discussed in the general session.
From there, the mediation usually involves a mix of caucuses and sessions with various combinations of participants, all in an effort to ultimately reach agreement. The mediation concludes when there is a settlement, impasse or an agreement to reconvene for another mediation session.
Agreement
When an agreement is reached, the parties are encouraged to reduce it to a written agreement signed by everyone. The parties decide whether the agreement should be confidential.
Confidentiality of the Mediation
Although the parties decide if they want the mediation to be confidential, as mediator I maintain confidentiality and do not disclose the mediation proceedings to anyone not at the mediation, including judges and court personnel. Caucuses are also kept confidential from each party. This confidentiality encourages candor during the mediation.
Mediator Privilege
Under the Uniform Mediation Act which Ohio adopted in September 2005, the parties, third persons and the mediator are all governed by a formal privilege which severely limits any attempt to admit statements made at mediation in a trial or hearing. I strictly follow the mediation privilege and have never disclosed any information or testified about any statements made at mediation.