February 2010
1. Preparation
For me to assist parties, I need to be prepared. Like you, I also would like a life outside of my professional role. This is the reason I require material to be filed by a certain date. My preparation time is scheduled around those filing dates. Meeting these filing dates also allows the parties time to prepare by studying opposing briefs. When a brief is not filed on time, it disrupts everyone's schedule, requiring evening or week-end work and contracting preparation. Late filings are therefore unfair to everyone (including the late filer). Meet those filing dates; otherwise, your brief may not be read!
2. Costs of a Mediation
Our per diem fee includes the provision of conveniently located and specially designed conference facilities for mediations, three (3) hours of preparation and seven (7) hours of mediation. Extensive filings in complex cases and/or multiple party mediations may require greater preparation than the three (3) hours of included preparation in the per diem fee. Any additional preparation or mediation time is charged for at an hourly rate plus 13% HST. Complimentary lunch, refreshments, snacks, fax/photocopy, internet and computer access are provided.
3. Mediation Briefs
The old adage "if I had more time, I would write you a shorter letter" applies to all manner of written presentations including mediation briefs. Most one-day mediations can readily be narrated in not more than twenty (20) pages double-spaced. But to do so requires real effort and thus, must be seen as a priority. Powerful advocacy in mediation begins with the writing of a concise mediation brief that is persuasive to the opposing party and communicates the essential details to the mediator. Your efforts in this regard will pay off.
4. Cancellation Charges
We charge a full per diem fee as a cancellation charge if a case is cancelled and if we are unable to reschedule the day(s) with another mediation. Unlike a law practice, a full-time mediator does not have an inventory of work that can be resorted to in order to occupy cancelled mediation time. We will also have turned away other parties seeking those dates. It is often difficult to fill cancelled dates.
5. Per Diem Fee for Multiple-Party Mediations
Mediating a dispute between two parties and mediating one between three or more parties are not equivalent mediation assignments. The negotiating interfaces increase exponentially with additional parties as do the number of personalities and issues to be managed. Multi-party cases, by definition, are more complex and for that reason our per diem fee incrementally increases with each additional party.
6. Prepayment of Mediation Fees
We may require prepayment of estimated fees for bookings greater than three (3) days and for bookings involving more than six (6) parties.When such cases are cancelled, they can leave many days unscheduled, depriving others of those dates and the collection of cancellation charges is often difficult. The prepayment of fees appears to enhance the commitment of the parties thus reducing the incidence of cancellation.
7. The Mediation Process
The success of any mediation is a function of the quality of talks between the parties. Talk is all about sharing perceptions and maximizing listening. Parties in conflict tend to be "hearing impaired"; demonize each other; and are too focused on themselves. To change these characteristics of conflict, my efforts feature rational bargaining methods which promote quality dialogue and ultimately bargaining convergence. Central to this approach is the initial plenary session whiere I conduct a non-evaluative review of the filed briefs and reframe the differences. This session for the benefit of the parties is not designed to prevent the parties or their counsel from speaking. Rather, the mediator's overview is designed to avoid or mitigate the usual adversarial presentations which are not really listened to but can inflame; to create a common informational baseline for all participants; and to build the parties' confidence in the mediation process.
8. Mediation Deadlines
A deadline of 4:30 p.m. for a mediation commencing at 9:30 a.m. is designed to put the parties on the same time trajectory and provide the support that is needed to transition from a competitive mindset to a more collaborative one. Deadlines also keep the costs of mediation in check. While deadlines are controversial because of the pressure to decide that they inherently create, they are an essential and practical tool. Thus, parties should anticipate a deadline to be honoured. Conversely, no party should be forced to agree or subjected to undue pressure. The parties must remain free to agree or disagree. But those decisions need to be managed efficiently within the time scheduled for the mediation. Attempting to squeeze a two-day mediation into one day will run the risk of undue deadline pressures or additional mediation charges if time is extended beyond seven hours per day but with exhausted parties having to make decisions when they are not at their best. Selection of the appropriate number of days for a mediation is therefore a very important decision. When in doubt, we suggest a conference call with the mediator to discuss the issue.
Adams ADR Services Ltd. website is created and designed by award-winning design group Clean. (www.cleancreative.ca)