Mr. Cole is available to conduct mediations throughout California or nationwide.
Initiating the mediation process
Location of the mediation
While many mediation sessions take place at the office of lawyers representing a party, we have comfortable and productive space and amenities for mediations at our Oakland offices.
Attendees of the mediation
All parties should have someone present who can make legally-binding decisions and/or is otherwise needed for a resolution. In some occasions, it may be more appropriate or necessary for participants to appear at the mediation by telephone. When this is expected, it should be discussed with Mr. Cole during the pre-mediation teleconference.
The parties should submit mediation briefs at least one week prior to the session. This allows Mr. Cole to frame and hone the issues to be addressed. Mediation briefs are encouraged to be shared with all other parties, although a confidential brief should be submitted if the alternative is submitting no brief at all. The more information, documentation and evidence submitted prior to the mediation the better. While there is no page limit for briefs, they should include:
Note that, mediation briefs need not contain overly-detailed legal analysis of the law concerning class certification issues but, rather, should focus on how the facts and law applicable to the dispute are likely to result in a particular outcome, and what result the parties desire at mediation.
Mr. Cole charges a flat rate of $10,000 per day for all types of single-party employment and commercial matters and $12,500 per day for wage and hour class action matters. Half-day and other tailored or reduced rates are also available. These fees include all preparation time, administrative work, pre-session telephone conferences, unlimited hours on the day of mediation (for full-day sessions) and a reasonable amount of follow up communication with the parties and/or their counsel. For cases outside of the Bay Area, the parties may be asked to incur an additional charge for travel time and related expenses.
To hold a mediation date, a deposit of the full rate (i.e., the applicable flat rate, or the hourly rate multiplied by the requested number of reserved hours) is due within 10 business days of making the reservation. This amount, minus a $500 cancellation fee, shall be refundable until 14 calendar days before the scheduled mediation date (at which time the cancellation fee shall become $1,500 of the amount paid). Exceptions may be made when appropriate. In the event of a forfeiture, the cancelling party shall be responsible for any claim of reimbursement from a non-cancelling party. Unless otherwise agreed, the parties shall be assumed to be dividing any fees and costs equally. A represented party’s lawyers shall be responsible for the payment of fees and costs that are not promptly paid by the client. In multi-party or unusually complex cases, a premium may be charged.
All costs will be borne by the parties, including travel costs. Costs for travel will be negotiated on a case-by-case basis.
Prior to the session, Mr. Cole will separately contact the parties’ lawyers to discuss various matters including: