Fees, Policies, and Scheduling

Fees

I typically bill at a flat rate to prepare for and conduct a mediation. I require pre-mediation conferences with counsel for each side, and I engage in significant preparation for the mediation. A flat rate provides a level of comfort and certainty to counsel and their parties about my preparation costs that may be outside of their control.

The flat rate is inclusive of a full-day mediation session, time spent in preparation and pre-session conferences (at least one with each side), travel time within the Boulder/Denver area, and fuel costs within the Boulder/Denver area.  

My standard flat rate for a single day of mediation in a two-party case is $9,500.  If the mediation is scheduled for two half-day (4 hour) sessions, the flat rate is $10,500 for the combined sessions.

My standard hourly rate for work outside of the flat rate session(s), such as for follow up and additional sessions, is $625/hour. 

Please contact me for rates to handle cases involving more than two parties, group negotiations, class actions, or other complexities. Likewise, please contact me for alternative billing structures involving very simple cases requiring minimal preparation, less than a day of mediation time, or other special circumstances.

Deposit and cancellation policy

A deposit of the flat rate fee is required to hold the mediation date. The deposit is fully refundable (minus preparation fees and costs incurred at my standard hourly rate) until three weeks prior to the scheduled initiation session.  Within three weeks of the scheduled mediation session, the deposit is nonrefundable.  The cancelling party is responsible for any claim for reimbursement from the non-cancelling party.

Travel expenses and costs

Travel expenses and costs incurred, other than fuel expenses within the Boulder/Denver area, are not included in the flat rate.

Facility expenses and costs

I can host a mediation of up to three parties at my office in Boulder.  There is no charge for this service.  Parties are responsible for the cost of any meals, which we can order and have delivered to the office.  The parties are responsible for any expenses and costs related to mediations at other locations.

Allocation of responsibility for fees and costs

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 their client.

Mandatory Pre-Session Conferences

I require separate virtual conferences with counsel for each side of the dispute (parties also are welcome to attend) at least two weeks in advance of the mediation session. These conferences help me to prepare and work with counsel to set an agenda and process that maximizes the potential for resolution, allow me to identify and request information that may be helpful to the process, assist counsel and the parties in preparing for the mediation session, and make the mediation session more efficient.  

Mediation Statements

Please submit any confidential mediation statements to me at least one week prior to the mediation session. Confidential statements should be sent to me on counsel letterhead and with a “Confidential” designation.  I also encourage counsel to consider preparing mediation briefs that they can exchange with the opposing party.   

Scheduling Mediation Sessions

Please contact me directly at ashoemaker@sgslitigation.com (303-530-3452) to schedule a mediation.