To reserve a date for mediation
The parties will need to submit names of parties and any additional people or entities (for conflict of interest analysis) and provide a retainer of $1000. The mediation date will be secured when the information and retainer are received by Kentucky Mediation LLC. The retainer can be paid by one party or split between the parties. Except for extraordinary circumstances (medical situations, weather), one-half of the retainer ($500) will become non-refundable 10 calendar days before the scheduled mediation date.
Before the mediation date(s)
I will be in contact with counsel about providing advance mediation statements and conducting preliminary conferences, separately or jointly. I prefer to have separate 30-60 minute preliminary conferences with counsel, by video or telephone, to understand the basic issues and areas of conflict, and to learn about any issues involving personalities or finances that might help lead to a successful resolution. I also prefer to receive a written description of the factual background and pertinent legal analysis, not exceeding 15 pages (plus any significant exhibits), at least one week before the mediation.
On the date(s) of the mediation
The real decision makers with actual final settlement authority must attend the mediation in person. Any exceptions will have to be approved in advance, including by opposing counsel. This isn’t intended to be aggravating, but to make the session as productive as possible, based on my experience.
During the mediation
The parties will almost always start in a joint session when each party (or attorney) will be asked to summarize his or her perspective on the dispute. This ensures that each party will know why there is a dispute, and what the other side believes is important. No raised voices, no insults, no sarcasm will be allowed. Almost always, the parties will then move to separate rooms to do the hard work of developing and responding to proposals.
Following the mediation
Kentucky Mediation LLC will send separate invoices to the parties. Each invoice will provide arrangements for payment by wire-transfer/ACH, by credit card through third-party online link, or by check. Mediation services are billed at $375/hour during sessions, $200/hour for all else (preparation and review of submissions, initial conferences with counsel, authorized travel, follow-up conferences), plus actual expenses. Payment will be due no later than 30 days; after that, interest will accrue at one percent per month.