Payment of the Mediation Fee is due within ten (10) days of the confirmation of the Mediation Fee, but not later than the commencement of the mediation session.
Fees for a full-day mediation session via Zoom are determined on a case-by-case basis. Full days begin at 9:00 or 9:30 a.m.
For a half-day mediation session via Zoom, the fee is $950 per party for residential cases. Fees for commercial cases start at $1,200 per party and may increase based on the amount in controversy and the complexity of the case. Half days begin at either 9:00 a.m. or 1:00 p.m. When parties request mediation of multiple cases or claims in a half or full day, the fee will be based on the projected work required and generally will not be less than $500 per party, per case. While there may be some economies of scale for the attorneys, the mediators at Thamm & O'Briant will continue to give each case or claim as much preparation time as needed and, following mediation, will prepare a full Mediation Settlement Agreement or Proposal for each case or claim.
Additional time after mediation, not including MSAs, Proposals, and short follow-up emails to resolve the case, will be billed at $350 per hour, split between the parties. The mediator will advise the parties before charging any additional time.
Cancellations
Cancellations happen. However, each day that is reserved for you reduces our flexibility in accommodating the busy schedules of other trial lawyers, clients, and courts. Rescheduling and cancellation result in inconvenience to counsel and clients, inactive days for the mediator and increased costs.
We will not charge a rescheduling fee if the case is rescheduled for reasons which would normally delay a trial. However, this does not include a cancellation for "additional discovery or unavailability of a client or attorney." In the event a case is reset for the convenience of a party, or a party decides to cancel an agreed mediation, within 3 days of the scheduled mediation, the party cancelling will be charged 50% of the mediation fee. In the event that more than one party is requesting a cancellation, the fee will be 50% of the total mediation fee. If the case settles within 48 hours of mediation, the parties are expected to cover 50% of the mediation fee.
