Fees & Policies

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I.  PROFESSIONAL & ADMINISTRATIVE FEES

A.  Professional Fees for Hon. Robert G. Taylor (Ret.)

No. of Parties

2 parties** $500/hr.

B. Professional Fees for Thomas A. Grossman, Esq.

No. of Parties

2 parties** $300/hr.

** For 3 or more parties, the hourly fees are slightly higher. Please contact us for more information.

C.  Administrative Fees

There is a one-time, non-refundable, administrative fee of $200 per party for all cases.

II.  PAYMENT OF FEES

Initial Fee: An initial fee is required in an amount equal to the estimated time for the professional fees, multiplied by the applicable hourly rate, plus the applicable one-time administrative fee.

There is a two-hour minimum (non-refundable) fee for all Mediations and Arbitrations. We reserve the right to charge a higher minimum fee for Special Master, Discovery Referee, and other matters. Any unused portion of the initial fees received by Desert ADR, other than the minimum fee and the administrative fees, shall be refunded to the parties. Any balance of fees owed that exceed the initial fees, shall be billed to counsel and payable upon receipt.

Advance Payment of Initial Fee: Upon receipt of a statement or letter advising of the fee, each party pays an initial fee comprised of his/her/its proportionate share of the total estimated professional fees, plus the applicable one-time administrative fee. All such fees are due at least two weeks prior to the date set for the hearing, or as otherwise requested by Desert ADR.

Payment of Balance of Fees: Any fees earned by Desert ADR which exceed the initial fee are due and payable by the parties upon the conclusion of the Mediation, Arbitration, or other matter. Each party is responsible for paying his/her/its proportionate share of professional and administrative fees. Each party is requested to bring a blank check to the hearing for payment of any fees that exceed the estimated fees.

Payment by One Party: If any party pays Desert ADR the estimated fees on behalf of another party, or parties, any issue of reimbursement between such parties will be a matter between the parties, not involving Desert ADR.

Billing for Time Spent: Services for which professional fees are incurred include all time spent on the case, whether spent prior to, during, or after the hearing. Fees include time spent reading briefs, holding phone conferences, corresponding with the parties, holding hearings, performing research, and preparing rulings and/or judgments. Where hearings are held out of the local area, travel time will be charged.

Trials and Arbitrations: All fees owed, both fees earned and estimated fees, must be paid prior to rendition of judgment or award.

III.  REFUND OF FEES DUE TO CANCELLATION OF HEARING; OBLIGATION TO PAY FEES

If a hearing, mediation, or other matter is cancelled, professional fees (excepting the administrative and minimum fee) will be refunded as follows, unless such cancellation is caused by Desert ADR, or waived by Desert ADR at its option:

If cancelled 14 or more days prior to the hearing date: Full Refund

If cancelled 8-13 days prior to the hearing date: One-Half Refund

If cancelled 7 or less days prior to the hearing date: No Refund

If the initial fee has not been paid, and the hearing is cancelled with less than 14 days notice, such fees will be billed to, and payable by, the non-paying party or parties according to the above schedule. Any cancellation by the parties is only effective on the date that written notice of same is received by Desert ADR.

IV.  PLACE AND TIME OF HEARINGS

Normal hours for Mediations and Arbitrations are 9 a.m. to 5 p.m. (M-F), with an hour taken for lunch. Other hours may be arranged by agreement between the parties and Desert ADR. Unless otherwise agreed to by the parties, all hearings shall take place at the offices of Desert ADR, located at 69-730 Hwy 111, Suite 207, Rancho Mirage, California. Where the parties request or need other facilities, the parties may select such facilities, and shall be responsible for arranging and paying for same.

V.  FEE PAYMENT POLICY; STATEMENT OF NO AGENCY; AND MISC.

Desert ADR’S agreement to render services is solely between Desert ADR and counsel for the respective parties. Consequently, the obligation to pay fees is solely the responsibility of counsel, or parties not represented by counsel. It is the attorneys’ responsibility to pay Desert ADR’s fees, whether or not they collect said fees from their client.

The parties and counsel understand and agree that neither Desert ADR, nor any of Desert ADR’s partners, officers, employees or neutrals/arbitrators/mediators are the agents or representatives of any party or of any party’s counsel.

Upon conclusion of any matter, all materials received by Desert ADR (documents, exhibits, briefs, photos, files, folders, etc.) will be discarded 30-60 days after the matter is concluded.  IF YOU WISH THE RETURN OF ANY OF THESE MATERIALS, YOU MUST NOTIFY DESERT ADR IN WRITING WITHIN 30 DAYS AFTER THE MATTER IS CONCLUDED.

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