MEDIATION RATES AND POLICIES
- SCHEDULING, FEES, & PAYMENTS
- CANCELLATION POLICY
- LAW, CONFIDENTIALITY & MEDIATIOR IMMUNITY
- ATTENDANCE & SETTLEMENT AUTHORITY
- ACCEPTANCE OF TERMS
MEDIATION ENGAGEMENT, CONFIRMATION AND CONFIDENTIALITY AGREEMENT
This agreement letter will confirm that a mediation conference in the above case has been Scheduled.
The conference will be held via Google Meet. You do not need to download Google Meet as the URL will be provided to you via email 24hrs prior. Your Certified Florida Mediator will be Robert F. Cameron. The engagement for mediation services is with the understanding that this AGREEMENT will control and govern the terms and conditions of the Mediation.
SCHEDULE
Mediations are reserved and scheduled for 2 hour time slots with morning mediations at 9:30 a.m. or afternoon 1:30 p.m. EST. If you wish to reserve more than 2 hours or all day, please let us know, and Settle Mediation will confirm this with a written NOTICE of MEDIATION. Otherwise, we will proceed with the 2 hours that you reserved. GOOGLE MEET IS USED FOR ONLINE MEDIATIONS
FEES
Circuit Court Mediation is charged for the first 2 hours by a flat fee of $400, split evenly between the parties. ($200 each).
Each additional hour is billed at the rate of $200 per hour, split evenly between the parties ($100 each).
*All Rates are for virtual mediation only via Google Meet.
Parties who are represented with attorneys or themselves must pay their $200 share to SettleMediation.us as confirmation of the mediation 3 days prior to the scheduled Mediation via a bank transaction to oaacars4u@gmail.com. You will receive an email reply that the transaction was accepted and applied to your fees. If the transaction fails or you do not get the email confirmation, please advise us at oaacars4u@gmail.com with your name, circuit case number and telephone number. We will contact you directly to confirm your payment 3 days or 72 hours prior to your mediation.
For “multiparty” mediations, with 3 or more parties, the rate is a flat fee of $350 or $175 per party paid in advance 72hrs ahead of the mediation. Subsequent hours beyond the initial 2hrs would be billed at $150 per party.
The mediation fee includes the mediators preparation time, telephone conferences, attendance at the mediation, follow-up, preparation of the parties agreement and the Mediators Report to the Court (which Parties receive after the Mediation agreement is finalized) and any other time including travel time. “Parties” to the mediation refers to the named parties to the dispute and any litigation as well as any interested parties voluntarily participating in the mediation process, but they must be noted and approved by the parties. The Mediator shall advise the parties if there is a Mediator trainee attending the parties can decline their consent for that training.
Private Pre-Suit Mediation or County Court Mediation is prepaid at the rate of $150 per hour (2 hour Minimum $300 shared equally between the parties). Each additional hour is billed to the parties at $100 per hour with a 4 hour maximum or $500 per party for the day. Please ensure initial payment is received 3 days ahead via to oaacars4u@gmail.com with your name and file number, email and telephone number.
PAYMENT
If Attorney firms are involved, the attorney not their clients must pay the $400 Mediation Fee, 72hrs or 3 days prior to the Mediation as confirmation the Mediation is proceeding 3 days hence.
If the Mediation goes further than 2 hours, the parties attorneys are responsible for full payment of any extra hours within 48hrs of the Mediation. Payment is due within 2 days of the Mediation date and is NOT conditioned on settlement or the receipt of settlement funds.
Past due bills over 15 days will accrue interest at the highest legal rate and no further mediations will take place with that attorney firm. Past due bills will result in additional charges for time spent on collection.
Pro se parties (those not represented by attorneys) must pay 100% of their share for the cost of Mediation or $400 directly in a Transaction to oaacars4u@gmail.com for a Mediation to be confirmed to proceed on their chosen date. This payment must be 3 days prior to the Mediation or it will be cancelled as per this cancellation policy. There is a minimum charge of $4500 ($200 for each party) for all mediations unless agreed to by the Mediator.
If a full day is reserved for a circuit court mediation, there will be a six (6) hour minimum charge or $3,000 due 3 days prior to the Mediation date, shared equally between the parties or $1,500 each paid in advance.
Please note that fees always include necessary expenses incurred by the Mediator such as clerical amounts, fax charges, postage, etc but we reserve the rights to charge for any extraordinary expenses and this would be divided equally between the parties. Parties agree to waive any part of a Court order inconsistent with the aforementioned hourly rates.
CANCELLATION POLICY
The Mediator in this case has been engaged to conduct this mediation. As such, we are accepting this engagement to the exclusion of scheduling other work for the day and time that has been reserved. Due to the difficulty of scheduling a new case (each case must be scheduled 4 days minimum in advance), the time and expenses already incurred in scheduling and preparing for a cancelled mediation and the positive effect a scheduled mediation can have in settlement negotiations – which is negated when a cancellation takes place, the following policies are in effect.
In the event the Mediation is cancelled WITHIN 48 or less of the mediation time, then there will be a 1hr of $400 minimum charge (or $200 per party) that is applied to the file. Unless the parties in the case agree on who should pay the cancellation fee, all parties, through their attorneys, shall be financially responsible for their share. All cancellations shall be done 49 hours ahead with all parties agreeing so in writing and this agreement MUST be emailed by the deadline to cancellations@settlemediation.
APPLICABLE LAW, CONFIDENTIALITY & MEDIATIOR IMMUNITY
Whether mediation is pre-suit before court, voluntary or Court ordered, the Mediation Confidentiality and Priviledge Act (s.44.01, et seq. Fla. Stat) Fla.R.Civ.P, Rule 1.700, and local rules of Court in which the case is venued shall apply. All Mediation communications are confidential. Mediators are immune from liability, including all forms of negligence, arising from performance of mediation work. Mediators are also immune from providing written, deposition or trial testimony relating in any way to any mediations conducted by them. The Parties agree to extend the Mediator and Confidentiality and Priviledge Act, confidentiality, and Mediator immunity to any negotiation or settlement-related activity by the mediator that occurs at any time after the mediation.
ATTENDANCE & SETTLEMENT AUTHORITY/ GOOGLE MEET ATTENDANCE
Mediators have no role in or responsibility for compliance with, enforcement of, or sanctions associated with Rule 1.720, Fla.R.Civ.P, as to mediation appearance, attendance or settlement authority of any party, party representative, counsel of record, or insurance carrier representative. (Fla.R.Civ.P, Rule 1.720 Committee Note (e)). The parties are agreeing to conduct their mediations by Google Meet by this engagement agreement.
ACCEPTANCE OF TERMS
IF YOU OBJECT TO ANY TERMS OF THIS AGREEMENT, CONTACT ME IN WRITING BY A RETURN EMAIL WITHIN 2 DAYS OF RECEIVING THIS LETTER OF AGREEMENT BY EMAIL. OTHERWISE ALL TERMS OF THIS AGREEMENT TO MEDIATE WITH SETTLEMENT MEDIATION AND WITH MYSELF SHALL BE DEEMED ACCEPTED BY THE RECEPIENTS, THEIR CLIENTS IF REPRESENTED AND ANYONE ATTENDING MEDIATION WITH THEM. COMMENCEMENT OF MEDIATION AND ENGAGEMENT OF THE MEDIATOR ARE WITH THE EXPRESS UNDERSTANDING AND AGREEMENT OF THESE TERMS.
OBJECTION TO THE MEDIATION RATE OF COMPENSATION MAY BE MADE BY SERVING AN OBJECTION LETTER UPON ALL PARTIES AND THE MEDIATOR PRIOR TO MEDIATION. (Fla.R.Civ.P Rule 1.720 (k)).
Thank-you again for choosing Settle Mediation and myself as your Mediator, and I look forward to working with you. Please let me know if you have any questions or need assistance.
Sincerely,
Robert F. Cameron
Mediator
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