Frequently Asked Questions
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Click here to schedule your mediation online using our real-time scheduling calendar. You can also contact us directly by email at scheduling@baldingermediation.com or calling us at (561) 805-1545.
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Charges for mediation are billed at $700 per hour, divided pro rata between each side in the dispute, with a 4 hour minimum. See our Procedures page for more information on fees.
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Baldinger Mediation is based in West Palm Beach and available to handle mediations throughout Florida and nationwide. Mediation sessions may be conducted online using Zoom, or in-person at the offices of one of the attorneys of record with sufficient conference room space to accommodate individual breakout rooms for each side. Alternatively, we can recommend executive suite locations that can be rented by the parties.
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Yes. We use Zoom for online mediations, which allows us to seamlessly conduct joint sessions, display documents and other media as needed, and divide parties and counsel into any number of private caucus rooms, while providing the confidentiality required for mediation. We also have the ability to secure legally-compliant electronic signatures on settlement documents. Online mediations can provide savings in travel time and expenses, and are appropriate and effective in many cases. Although in-person sessions can be essential for resolving some cases, we have tremendous success settling cases in online mediations as well.
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Yes. Jim Baldinger conducts mediations nationwide. Mediations can be in-person or online.
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Thorough preparation is essential to ensure you get the most out of mediation. Parties and their counsel have a thorough understanding of their case, the opponent’s perspective, their negotiation strategy, and what might be an acceptable settlement. Click here to read my recent blog post on Mediation Preparation.
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Pre-mediation submissions ensure that the mediator is fully prepared and that the mediation proceeds as efficiently as possible. Click here for a complete list of the pre-mediation materials you should submit.
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The mediator will determine the process for each mediation on a case by case basis and in consultation with counsel for each side. In most cases, the mediator will begin the mediation by convening all parties and counsel together for a joint session to address ground rules and make introductions. Each side will have an opportunity to make a brief statement regarding any matters they believe could facilitate settlement, including an assessment of the settlement terms that will be necessary to resolve the case. Any antagonistic, threatening, “grandstanding,” or otherwise unhelpful statements will be interrupted and cut-off by the mediator. Counsel should assume that the mediator has thoroughly reviewed all pre-mediation submissions, and that a lengthy summary of the factual, legal, or procedural issues is unnecessary. Following the joint session, each side will be moved to a separate room and the mediator will begin a series of discussions with counsel and parties to attempt to reach a voluntary settlement of the case.
If a settlement is reached, its terms will be committed to writing by counsel in a settlement agreement signed by all parties and counsel present. The mediator will not sign or participate in drafting the settlement agreement, but may provide input and suggestions to counsel to facilitate its preparation.
If the case does not settle and the mediator determines that the parties have reached an impasse, the participants may be excused from the mediation session. If the parties agree, the mediator may continue subsequent communications with counsel after the mediation session ends to attempt to resolve the remaining issues in dispute.
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Reducing the terms of a mediated settlement agreement to writing is incredibly important, and is often required by the court’s rules. As an experienced mediator and litigator, Jim Baldinger helps guide counsel on drafting the settlement agreement. Click here to read his recent blog post about Settlement Agreements for more information.
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Jim Baldinger has extensive experience settling and litigating cases across the country for more than 35 years. He has a distinguished educational and professional background, and is highly respected as a mediator. He is a certified mediator in federal and state courts in Florida, and mediates cases all over the country. Click here for detailed information about Jim’s background, experience and qualifications.
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Jim Baldinger has extensive experience settling complex high-stakes disputes involving a wide range of legal issues, including business disputes, contract cases, employment cases, probate, intellectual property, class actions, qui tam, construction, tax, technology, health care, and many more. Click here for more information about Jim’s areas of expertise.
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No. We do not handle divorce or family law disputes.
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Yes. Jim Baldinger is a Florida Supreme Court Qualified Arbitrator. Contact us for more information about our arbitration services.
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Yes. Jim is a certified mediator in the United States District Courts for the Southern and Middle Districts of Florida, and a Florida Supreme Court Certified Circuit Court Mediator. He mediates cases throughout Florida and nationwide.
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Yes, we do. Pre-suit mediation can present an excellent opportunity to avoid the expense and disruption of litigation altogether by reaching a settlement before a lawsuit or arbitration is filed. Click here to see our procedures for pre-suit mediations.
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Yes. Jim Baldinger has been settling and litigating class actions across the country for three decades. He knows how to guide class actions to resolutions that not only bring the named parties together, but also withstand objections and win court approval. Click here for more information about our class action expertise.
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Yes. Jim Baldinger is an experienced mediator in Qui Tam False Claims Act cases. Click here for more information.
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Yes. Jim Baldinger has extensive experience settling and litigating telecommunications cases for more than three decades. Click here for more information.
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Please let us know as soon as possible if your mediation session needs to be cancelled, so we have sufficient time to schedule another mediation for that time slot and find a new time for your mediation, if necessary. Deposits will be fully refunded and no minimum four (4) hour charge will be due if the parties notify the mediator of a cancellation more than fourteen (14) days before the mediation session. Cancellations between fourteen (14) days and forty-eight (48) hours before the scheduled start time of a mediation session will be assessed a cancellation fee of fifty percent (50%) of the minimum charge plus charges for any preparation time spent by the mediator prior to receipt of the cancellation notice. Cancellations less than forty-eight (48) hours before the scheduled mediation session will forfeit the entire four (4) hour minimum charge amount.
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In most cases, attendance at mediation is required by the presiding court or arbitrator(s). All parties and their counsel, along with representatives of any insurer, shall attend the entire mediation session, arriving on time and staying until a settlement or impasse is reached. Representatives of parties and insurers who attend mediation must have full authority to settle the case without further consultation. Parties are responsible for complying with any applicable court or arbitration requirements for the advance identification and disclosure of the representatives who will attend the mediation session.
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Invoice payments can be made by law firm check, Zelle, credit card, or ACH transfer. To pay by credit card or ACH transfer, click here. (Please note: a convenience fee of 3% will be added to all credit card payments.). For more detailed information on making a payment, click here.
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Mediation is a form of alternative dispute resolution where a neutral third-party mediator assists the parties in reaching a voluntary resolution of their differences. Many courts require parties to pursue a settlement through mediation before they can proceed to trial.
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Mediation allows parties to avoid the expense, risk, and stress of going to trial decide for themselves how the dispute will be resolved. Having a judge, jury, or arbitrator determine the outcome of a case is fraught with uncertainty, regardless of strong the party or their attorney believes their position to be. A mediated settlement provides an opportunity to craft terms that may not be possible to obtain in court. Importantly, a settlement can put an end to the stress and expensive attorney’s fees associated with litigation.
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A mediator is a neutral third party who leads the mediation, guides discussion, facilitates communication, and helps parties reach a voluntary resolution of their dispute. The mediator is selected by the parties or appointed by the court. The mediator is not a judge and makes no decisions about the outcome of the case. The mediator does not provide legal advice or force parties to settle. Mediators have specialized training and experience, and are certified by the court. Click here for information about Jim Baldinger’s qualifications and background.
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All mediation related communications are strictly confidential, and may not be used as evidence or shared with anyone who is not a participant in the mediation. The purpose of this confidentiality requirement is to facilitate settlement by encouraging open and forthright communication at mediation. Audio or video recording of mediation sessions is prohibited. Under applicable rules governing the case, the mediator may report to the court or arbitrator whether and when the mediation occurred, who participated, and whether a settlement was reached.
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Yes, we do. Click here for more information.
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Settle Smart is my philosophy that resolving disputes in an intelligent, well informed way is usually in a party’s best interest. Click here for more information.
Feel free to contact us if you have additional questions or need more information. You can email us at info@baldingermediation.com or call (561) 805-1545.