Mediation Information

Scheduling 

To schedule a mediation, call or e-mail  to obtain available dates. We suggest the parties agree to a couple alternative dates in case your first choice is no longer available when you call back to schedule the mediation.

Once the parties have selected a preferred date, contact our office again to confirm that the date is still available and to reserve the date for your mediation. You will then be asked to send an e-mail with the following information: (1) full names of all parties; (2) names and contact information (telephone, fax and e-mail) for all counsel; and (3) how the parties have agreed to share the mediation fee. Once we receive this information from you, we will send all counsel a letter confirming your reserved date, providing you with information about the mediation and due dates, and enclosing an invoice.

Location

Ms. Ferguson will mediate at a location secured by the parties. Generally speaking, one party will provide the conference space, typically two rooms, for the mediation. Please let Ms. Ferguson know in advance if she needs to arrange for neutral space, the cost of which will be borne by the parties in addition to the regular mediation fee. 

Mediation Statements

When Due: Mediation statements are due one week before the mediation.

Exchanging Statements: It has been my experience that mediations are generally more productive and efficient if the parties exchange mediation statements with one another, so that counsel - and their clients - have an opportunity to learn and fully consider the other side's views in advance of the mediation. For this reason, I strongly encourage the parties to exchange statements, rather than to submit confidential statements "for the mediator's eyes only." At the same time, if there is information that you feel it is important for me to know but that you do not wish to share with the other side, you are welcome to submit a separate confidential letter setting forth that information.

Contents of Statement: The most persuasive and helpful mediation statements are those that focus on the relevant facts and evidence, rather than on hyperbole and rhetoric. Put simply: I need to know what you claim happened and what evidence you have to support your version of events. If you have supporting documents, witness statements or deposition testimony, please attach them as exhibits to your statement. (It is helpful if you highlight those portions of the documents and testimony upon which you are relying, and if you include an index of exhibits if there are more than a few). If there is a central or particularly complicated legal issue in the case, a brief discussion of the issue and controlling authority is helpful; otherwise, you do not need to provide a primer on employment law generally.

Length: Except in unusually complex cases, mediation statements generally should not exceed 15 pages (excluding exhibits).

Mediation Fee & Cancellation

Ms. Ferguson charges a flat daily rate for all mediations. The mediation fee includes all preparation time, a full day mediation and reasonable follow up. The daily rate varies depending on the number of parties and the type of case. Please call or email Ms. Ferguson for rate information. The mediation fee does not include any additional charges for securing mediation space if the parties cannot host the mediation. Please email to discuss any rate adjustments that might apply.

The mediation fee is due two weeks from the date the confirmation letter is sent to all counsel. The fee is fully refundable if the mediation is cancelled or rescheduled at least three weeks prior to the scheduled date. If the mediation is cancelled or rescheduled less than three weeks before the mediation date, the fee will not be refunded unless we are able to schedule another mediation on that date. 

MEDIATION CONFIDENTIALITY

Confidentiality is an essential element of mediation, and the parties will be required to execute a confidentiality agreement at the start of all mediation sessions. Regardless of whether communications are made prior to the session, at the session or following the session, all communications with Ms. Ferguson will be treated as confidential, subject to any and all privileges attaching to settlement discussions and the mediation process.