Mediation Policies and Procedures

(Please review carefully) 

Please note that LM Johnson Mediation offers two distinctive types of mediation.  The first is the classical face-to-face type where all parties meet at one time in one location in order to reach a solution within a short period of time.  The second form is virtual or online mediation in which the sessions are held electronically.  Virtual mediation is able to provide a significant advantage in that the parties do not all have to travel to the same location.  LM Johnson Mediation offers a variation of the virtual form in which the sessions are primarily private, caucus, and occur independently in time.  This virtual and time-independent form has the added advantage of allowing scheduling of sessions around parties work and travel schedules.  Please see the separate note titled “Mediation Session Types” for more details.  Please note that the Policies and Procedures vary according to session type. 

 CLASSICAL MEDIATION 

WHO MUST ATTEND: In order to reach final agreement, all decision-makers must be present in person with authority to settle the case. All attendees are to clear their calendars for the entire time allocated in order to eliminate interruptions. 

DISCOVERY/EXPERTS: All relevant information must be exchanged by the parties in advance of the mediation session. If expert opinion is essential to resolution, appropriate arrangements must be made through our office to ensure that all participants concur. 

BRIEFS: Preparation of all participants is an integral part of reaching resolution. Participants should be prepared to come with an open mind, ready to analyze new information. Submission of briefs is encouraged, but limited to no more than ten (10) pages (plus exhibits as necessary). Briefs should be submitted directly to the Mediator at info@lmjohnsonmediation.solutions  at least two business days before the scheduled session. Time spent reading the briefs will be counted as mediation time. 

FEES/PAYMENT: The Fees Schedule is provided here.The policy is payment in full in advance of the mediation session. Any unused portion of a deposit will be refunded promptly. Any additional balance is due within five days of the mediation. All fees are the joint and several liability of each party and their respective legal counsel. Late fees will be assessed on all unpaid balances at the rate of 9% per annum from the date of the mediation. The Mediator is entitled to full compensation for all time spent on the case, including preparation, telephone time, and travel to mediation sessions. This includes any time spent (telephonically or otherwise) subsequent to a mediation session in connection with the case. Checks should be made payable to LM Johnson Mediation, Federal Tax I.D. Number 82-2417741. 

RESCHEDULING: Any party requiring a change to a confirmed appointment will be charged a minimum of a $150 fee. Any confirmed appointment that is cancelled within 7 days of the confirmed date will be charged half of the amount of the time booked. 

CONFIDENTIALITY: All statements made in the course of a mediation are confidential.  All parties must agree that any statements made or information disclosed to the Mediator is confidential and that disclosure cannot be compelled. 

AT THE MEDIATION: The mediation will typically begin with the parties in separate rooms, each having a private conversation with the Mediator. At some point, a joint session involving all participants may be appropriate. Please be prepared to summarize your viewpoint and hear other perspectives. The goal is not to prove your case, but to clarify your views for decision-makers among the other parties while educating the Mediator. In the private sessions, or caucuses, information can be discussed and creative solutions explored which may assist in working toward a resolution. The Mediator will help each party confidentially evaluate their realistic options for resolution. Once negotiations generate an option that all sides feel is acceptable, the Mediator will work with counsel to draft a summary of the agreed upon terms. 

OBSERVERS: From time to time, it may be appropriate for a mediation student to observe. This observer will sign the confidentiality agreement. Should you have any concerns about this, please contact our office at once. We thank you for your cooperation in helping to create a population of strong and experienced future mediators. 

PUBLICATION: By agreeing to this mediation session, unless we are notified to the contrary prior to the mediation session, all participants authorize the Mediator to describe this matter to colleagues for educational purposes, and may publish the fact pattern and results of this mediation, provided no disclosure is made of the participants’ names or any other information which would specifically identify the participants. 

USE OF NAMES: By agreeing to this mediation session, unless we are notified to the contrary prior to the mediation session, all participants authorize the Mediator to add the names of their firms, companies, or organizations to his Client List. 

VIRTUAL AND ONLINE MEDIATION 

WHO MUST ATTEND: In order to reach final agreement, all decision-makers must participate in communications as and when scheduled.  Failure to abide by agreed schedules will slow the entire process.  Repeated failures will result in an additional charge or discontinuation of the mediation. 

DISCOVERY/EXPERTS: All relevant information must be exchanged by the parties in advance of the mediation sessions. The information exchange may be facilitated by the Mediator, if desired. If expert opinion is essential to resolution, appropriate arrangements must be made through our office to ensure that all participants concur. 

BRIEFS: Preparation of all participants is an integral part of reaching resolution. Participants should be prepared to communicate with an open mind, ready to analyze new information. Submission of briefs is encouraged, but limited to no more than ten (10) pages (plus exhibits as necessary). Briefs should be submitted directly to the Mediator at info@lmjohnsonmediation.solutions  at least two business days before the scheduled session. Time spent reading the briefs will be counted as mediation time. 

FEES/PAYMENT: The Fees Schedule is provided here.The policy is payment in full in advance of the initial mediation session. Any unused portion of a deposit will be refunded promptly. Any additional balance is due within five days of mediation termination. All fees are the joint and several liability of each party and their respective legal counsel. Late fees will be assessed on all unpaid balances at the rate of 9% per annum from the date of the mediation. The Mediator is entitled to full compensation for all time spent on the case, including preparation, telephone time, and travel to mediation sessions. This includes any time spent (telephonically or otherwise) subsequent to a mediation session in connection with the case. Checks should be made payable to LM Johnson Mediation, Federal Tax I.D. Number 82-2417741. 

RESCHEDULING: Any party requiring a change to a confirmed appointment will be charged a minimum of a 1/4 hour fee. Any confirmed appointment that is cancelled within 2 days of the confirmed date will be charged half of the amount of the time booked. 

CONFIDENTIALITY: All statements made in the course of a mediation are confidential.  All parties must agree that any statements made or information disclosed to the Mediator is confidential and that disclosure cannot be compelled. 

THE MEDIATION SESSIONS: Mediation will typically begin with the parties in separate virtual caucus sessions, each having a private conversation with the Mediator. At some point, a joint session involving all participants may be appropriate. Please be prepared to summarize your viewpoint and hear other perspectives. The goal is not to prove your case, but to clarify your views for decision-makers among the other parties while educating the Mediator. In the private sessions, or caucuses, information can be discussed confidentially and creative solutions explored which may assist in working toward a resolution. The Mediator will help each party confidentially and realistically evaluate their options for resolution. Once negotiations generate an option which all sides feel is acceptable, the Mediator will work with counsel to draft a summary of the agreed upon terms. 

OBSERVERS: From time to time, it may be appropriate for a mediation student to observe. This observer will sign the confidentiality agreement. Should you have any concerns about this, please contact our office at once. We thank you for your cooperation in helping to create a population of strong and experienced future mediators. 

PUBLICATION: By agreeing to this mediation session, unless we are notified to the contrary prior to the mediation session, all participants authorize the Mediator to describe this matter to colleagues for educational purposes, and may publish the fact pattern and results of this mediation, provided no disclosure is made of the participants’ names or any other information which would specifically identify the participants. 

USE OF NAMES: By agreeing to this mediation session, unless we are notified to the contrary prior to the mediation session, all participants authorize the Mediator to add the names of their firms, companies, or organizations to his Client List.