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Mediation Policies

Prepare for your mediation meeting by reading through our policies and procedures. Effective Dispute Resolution, LLC, is happy to address any issues with our process. Contact us immediately at (215) 241-7787 in Philadephia, Pennsylvania, to discuss your dispute resolution consultation before your scheduled meeting time.

Who Must Attend

The parties agree to have in attendance all persons necessary for productive negotiations to occur and/or whose decision or authority will be required in order for settlement to be reached.  Generally  this will require the attendance of duly authorized decision makers of each of the parties, their counsel,  and insurance carriers, if applicable.  Attendees are to clear their calendars for the entire day in order to eliminate interruptions.

Position Statements

In order for the mediator to be fully prepared for the mediation, briefs or position statements are required to be delivered to the mediator one week in advance of the date of the mediation. Pleadings or other documents referenced in the position statement should be attached. The parties are encouraged but not required to exchange their submissions with each other prior to the mediation.

Mediation Fees/Costs

The first three hours of the mediator’s time are provided pro bono for matters referred to the mediator and accepted by him in his capacity as a Judge Pro Tem of the Philadelphia Commerce Case Program. Thereafter, and for all other matters, the mediator’s fee shall be calculated based upon all time spend on the case, including preparation, telephone calls, meeting with counsel, review of position statements and other documents, attendance at mediation sessions, travel time and any other services requested by the parties.  All fees and costs of the mediator will be divided equally among the parties unless the parties agree upon a different division and submit their agreement in writing to the mediator in advance of the mediation.  A deposit of $3,000 is due and payable prior to the first mediation session.  Any unused portion of the balance will be refunded promptly.  Any additional balance is due within five days of invoice. At the mediator’s discretion, an additional deposit may be required for mediations anticipated to require more than one day.  Late fees will be assessed on past due amounts at the rate of 1.5% per month.

Changes/Cancellations

Any party requiring a change in a confirmed appointment will be charged a minimum of a $300 fee.  Any confirmed appointment cancelled within 14 days of the confirmed date will be charged half of the amount of the time booked.

Confidentiality

All statements made and documents utilized in the course of the mediation are confidential (See, e.g. 42 Pa. C. S. § 5949).  All parties agree that any statements made or information disclosed to the mediator will be confidential and disclosure cannot be compelled.  The mediator will not transmit information received in confidence from a part to any other party or any third party unless authorized to do so by the party providing the information.

Mediation Process

The mediator may facilitate settlement in any manner the mediator believes is appropriate. The mediator will help the parties focus on their underlying interests and concerns, explore resolution alternatives and develop settlement options.  The mediator will determine when to hold joint sessions with participants in the mediation and when to confer separately with each party or counsel. The parties are expected to initiate and convey to the mediator proposals for settlement.  Each party should provide a rationale for any settlement terms proposed.  Efforts to reach a settlement will continue until, (i) a written settlement is achieved; (ii) the mediator informs the parties that further efforts would not be useful, or (iii) one of the parties withdraws from the process, provided however, that if there are more than two parties, the remaining parties may elect to continue the mediation.

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