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A. At this time Mr. White's hourly rate varies somewhat depending upon the type of dispute. Since both sides typically split the fees 50/50, the cost per side for a 1/2 day or even all day mediation can be quite reasonable in light of the money and relationships at stake. ___________________________ Q. I'm new to mediation, how does it work?A. For mediation in general, click on "Mediation" above. In terms of the mechanics, many mediations can be completed in a one-day session, many in 1/2 day. Sessions are often held in two adjacent small conference rooms at a hotel (allows for separate caucus meetings with or without mediator and sometimes for shuttle diplomacy). Before mediation, George speaks briefly to each side by phone to go over the process and often gets a "mediation brief" from each side a few days ahead of time explaining the background and issues as they see them, in two or three pages. Generally only a few people from each side are present -- it is critical to have people with the authority to make decisions. ___________________________ Q. What is George's success rate? A. Although he doesn't evaluate himself solely in that manner, about 80% of his mediations have resulted in a written, final resolution. In some of the other 20% of mediations the parties may have resolved some, but not all, issues. __________________________ Q. How long until it can be scheduled? A. Scheduling depends on all parties' availability but it is usually within two or three weeks. __________________________ Q. How do I approach the other side? A. There are many ways including calling them up and referring them to this web site to help them get comfortable with the neutrality of a proper mediator, having your attorney call their attorney, or making arrangements for Mr. White to contact them. __________________________ Q. What about lawyers? A. Ask your lawyer. Both the parties and their attorneys are involved in most commercial mediation. Mediations involving matters where a lawsuit has already been filed will invariably have lawyers present. In cases not to that point, it is up to the parties and their advisors whether or not they chose to have counsel present in mediation. In any case, you are advised to get your own legal advice. __________________________ Q. Can this prejudice my future legal position? A. Ask your lawyer. Public policy in CA is said to favor strong mediation confidentiality in order to encourage frank, open exchanges within mediation. __________________________ Q. If the other party called you first, you're "his guy", correct? A. Obviously NO. Which side approaches a mediator initially doesn't alter the fact that the mediator fee is generally split 50/50 and he is there as a neutral party to try to help the two (or more) sides resolve issues. Any prior relationships between a mediator and one side or other possible sources of personal bias must and will be disclosed to the both sides. __________________________ Q. I' m not sure it would work for my situation. A. Initial discussion is no charge. Contact George.
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Copyright © 2006-2008 G. White Mediations. All rights reserved. Revised: March 19, 2008 . |
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