WHO MUST ATTEND: In order to reach final agreement, all parties, counsel, insurance carriers, and any other decision-makers must be present in person with authority to settle the case (pursuant to California Rules of Court Rule 3.894). All attendees should allow additional time in order to eliminate interruptions.
DISCOVERY/EXPERTS: All relevant information is to be exchanged by the parties in advance of the mediation session to assist all parties in making realistic, informed settlement decisions during the mediation. Although witnesses are not typically a part of the mediation process, if expert opinion is essential to reach a resolution in this matter, please make arrangements through our office to ensure that all participants concur.
BRIEFS: Preparation of all participants is an integral part of reaching resolution. Participants should be prepared to come with an open mind, ready to analyze new information; not simply to argue their position. Submission of briefs is required and should be received three business days in advance of the mediation. You may wish to submit confidential briefs so that you can freely discuss all issues relating to the case (Whether good or bad for your side of the case). However, we may also learn more about what is driving a dispute by hearing from the participants during the mediation. The time spent reading the briefs will count as mediation time.
PAYMENT/RESCHEDULING/CANCELATION: Please call for the fees.
No administrative fee for scheduling a mediation.
Minimum reservation is for Half Day session.
One hour will be charged for review of Mediation Briefs.
All payments are due 7 days prior to the date of the Cancellation Period referred to below.
Unused session time is non-refundable.
In all cases involving non-refundable time, the party requesting the cancellation or continuance is responsible for the session fees of all parties.
All fees are due and payable upon receipt of invoice and payment must be received 7 days prior to the cancellation/continuance period referred to above. Mark K. Ameli, Esq. reserves the right to cancel your session if fees are not paid by all parties by the applicable cancellation date and Mark K. Ameli, Esq. confirms the cancellation in writing.
CANCELLATION/CONTINUANCE POLICY:
Session Length Cancellation/Continuance Period Fee
1 day or less ……………………….7 days or more prior to session ………………..100% REFUNDABLE
2 days or more…………………… 30 days or more prior to session ……………….100% REFUNDABLE
3 days or more ………………….. 45 days or more prior to session ……………….100% REFUNDABLE
Sessions of any length …….Inside the cancellation/continuance period ……. 50% REFUNDABLE
My Tax I.D. Number is 550-86-9874
CONFIDENTIALITY: All statements made in the course of mediation are confidential (Evidence Code §§ 1115 through 1129). All parties will agree that any statements made, or information disclosed to the Mediator is confidential and that disclosure cannot be compelled (Evidence Code § 703.5).
AT THE MEDIATION: The mediation may begin with a joint session involving all participants, or private sessions, depending on the nature of the case and the relation between the participants. Please be prepared to summarize your viewpoint and hear other perspectives in the joint session. The goal is not to prove your case, but to clarify your views for decision-makers among the other parties while educating the mediator. If there is a joint session, the mediator may use private caucuses with each party. In caucus, information can be discussed and creative solutions explored which may assist in working toward a resolution. The mediator will help each party confidentially evaluate their realistic options for resolution. Once negotiations generate an option which all sides feel is acceptable, the mediator will work with counsel to draft a summary of the agreed upon terms.
PUBLICATION: By attending this mediation session, unless we are notified to the contrary prior to the mediation session, all participants authorize the Mediator to describe this matter to colleagues for educational purposes and may publish the fact pattern and results of this mediation, provided no disclosure is made of the participants’ names or any other information which would specifically identify the participants.
USE OF NAMES: By attending this mediation session, unless we are notified to the contrary prior to the mediation session, all participants authorize the Mediator to add the names of their firms, companies, or organizations to his Client List which he attaches to his resume.