Mediation Procedures
Scheduling
Available dates for mediation sessions are shown and can be scheduled on the Availability page of this website, or by contacting us at Scheduling@BaldingerMediation.com or (561) 805-1545. Please confirm your selected date is acceptable to all parties and counsel before scheduling. Mediation sessions are billed for a minimum of 4 hours (half-day), and start in the morning to allow for the possibility that additional time may be needed.
An engagement letter will be sent to all counsel and unrepresented parties, and the scheduled date will be temporarily held, but not confirmed, until a fee deposit and all signed engagement letters are received.
Location
We are based in West Palm Beach and available to handle mediations throughout Florida and nationwide. Mediation sessions may be conducted online using Zoom, or in 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. The parties should agree on the location for the mediation and provide that information when scheduling.
Fees
Charges for mediation services are divided pro rata between each side in the dispute, and counsel is responsible for payment on behalf of their client(s). Mediator services are billed at $600 per hour, with a 4 hour minimum.
Billed services include all time spent by the mediator in connection with the mediation of the dispute, including attending and conducting the mediation session(s), as well as any time spent reviewing materials submitted on behalf of the parties, and any conferences or communications with parties or their counsel prior to or after the mediation. Travel to an out-of-town mediation session will be billed at one-half the actual time spent. Reasonable expenses associated with out-of-town travel to the mediation session will billed at cost.
Payment of the minimum 4 hour charge of $2,400 must be received along with signed engagement letters to confirm a scheduled mediation date and time. All subsequent invoices are due and payable within ten (10) calendar days. Counsel will be provided with invoices via email for any additional charges at the conclusion of the formal mediation session, and following any post-mediation session conferences or communications.
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.)
Pre-Mediation Submissions
At least five (5) days prior to the mediation, each party shall submit a pre-mediation statement that includes:
Names and roles of each person on your side who will be attending the mediation session. For mediations that will be conducted online, also include email addresses for each attendee.
The factual background of the parties’ dispute.
The claims, counter-claims, and responses asserted.
A concise analysis of the legal issues raised, and the strengths and weaknesses of each party’s position.
The procedural history of the case and current status or posture of the case, including a discussion of any significant pending discovery requests or motions that could impact settlement.
The anticipated timeline for the remainder of the case if not resolved at mediation, including deadlines for discovery completion, dispositive motions, trial or final hearing date, and estimated length of the trial or final hearing.
Whether the case will be resolved by jury trial, bench trial, or arbitration (and if so, the size of the arbitration panel) if no settlement is reached.
All prior formal and informal settlement discussions among the parties, and the current status, amounts, and terms of all offers or proposals to resolve the dispute.
Amount of fees and costs expended to date, and anticipated expenditures through trial or final hearing.
An assessment of what your side requires, and what you believe the other side(s) will need to obtain, to settle the dispute.
Copies of the current docket sheet, operative pleadings, key motions and responses, order(s) regarding mediation, and any other materials that you would like the mediator to review prior to the mediation session.
A draft settlement agreement setting forth all of the items on which the parties already agree, and highlighting the remaining issues to be resolved at mediation. Counsel should be prepared to update and finalize the settlement agreement so it can be executed at the conclusion of the mediation session.
Parties may submit their pre-mediation statement to the mediator in confidence, in which case every page should contain a legend clearly indicating that it is a confidential mediation communication. However, parties are also encouraged to consider providing copies of selected materials that reflect their settlement position and assessment of the case to the opposing side if they believe it could help facilitate a resolution of the case.
Attendance at Mediation
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.
Role of the Mediator
The mediator presides over the mediation process to guide the parties to a voluntary resolution of the case. The mediator has specific training and experience in settling litigated disputes, and has been appointed by the presiding court or arbitrator(s) and/or jointly agreed upon by the parties to serve in this role. The mediator is not a judge or arbitrator and makes no decisions on any legal or factual issue in the case. The mediator does not provide legal advice or counsel to any participant in the mediation, and no statement, action, or inaction by the mediator may be relied upon as legal advice or guidance of any kind. The mediator will not prepare or sign a settlement agreement, and cannot be compelled to testify as a witness regarding the mediation.
Confidentiality
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.
Conduct of Mediation Session
The mediator will begin the mediation by convening all parties and counsel together for a joint session to address ground rules and make introductions. Counsel for each side may be invited by the mediator 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.
Online Mediation
Although in-person sessions can be essential for resolving some cases, we have tremendous success settling cases in online mediations as well. Online mediations can provide savings in travel time and expenses, and are appropriate and effective in many cases. 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.
Pre-Suit Mediation
Parties may voluntarily seek to resolve a dispute through mediation prior to initiating formal litigation proceedings in court or arbitration. In some situations pre-suit mediation may be required by contract or statute. Pre-suit mediation presents an excellent opportunity to avoid the expense and disruption of litigation altogether by reaching a settlement before a lawsuit or arbitration is ever filed. Because the rules of the court or arbitration forum generally do not apply before the filing of a complaint or petition, our engagement letter sets forth the terms that govern the conduct of pre-suit mediation. The procedures on this webpage apply to pre-suit mediations the extent they are relevant and appropriate. Because there are no filed pleadings or formal discovery materials available in pre-suit mediations, parties are encouraged to set forth the factual scenario and supporting documentation and legal arguments as thoroughly as possible in their pre-mediation submissions, and to share all such non-confidential materials with the other side in advance.
Cancellation
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.
Note: These procedures apply to the extent they do not contradict applicable rules, orders, or laws of the forum where the case is pending. They are set forth here to facilitate smooth and successful mediation by informing the expectations of all parties and their counsel.