Who owns Desert ADR?
Desert ADR is owned and operated by Thomas A. Grossman, Professional Law Corporation. Our Dispute Resolution Professionals are independent contractors working for Desert ADR. Desert ADR has been operating here in the Desert since 2005; Thomas A. Grossman, Esq., has been operating Thomas A. Grossman, Professional Law Corporation, since 1988, and has been practicing law here in the Desert since 1978. Hon. Robert G. Taylor, Ret. retired from active duty as a local Superior Court Judge in 2005, after 13 years on the bench, with a distinguished career.
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What are your arbitration/mediation rules?
For Arbitrations, the applicable rules depend on the type of mediation. Most contractual arbitrations follow the Arbitration Rules specified in Sections 1280 through 1294.2 of the California Code of Civil Procedure. Other rules may apply, either by stipulation of the parties, or as specified in the applicable contract or Order (where the Arbitration is ordered by the Court).
We have no specific mediation rules, other than that we provide a separate room for each party, and we may begin a mediation session as a joint session if all parties and counsel agree. If the parties wish to be separated at all times, we have no joint sessions unless the parties settle the case and wish to congratulate each other. Sometimes the mediator will first meet only with counsel to find out the tone of the mediation or the preferences of the parties and their attorneys, or to talk about procedures.
Each mediator has his own style of handling mediations, but all mediations involve private sessions with the mediator, as he shuttles back and forth between the parties. All information is kept strictly confidential by the mediator, unless the parties specifically request or authorize the mediator to disclose certain facts or information to the other side.
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What are your rates?
Our fees run between $350 and $600 per hour depending on the Dispute Resolution Professional selected and the number of parties involved. There is also a one-time administrative fee of $200 per party. For more information view our Fee and Policies page.
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What are your cancellation policies?
Notice of Cancellation/Rescheduling must be submitted to our office in writing.
For all hearings, regardless of when canceled, the non-refundable administrative fee is due.
Depending on the duration of the hearing and the timing of the cancellation relative to the hearing date(s), the cancellation fee can amount to full fees for the Dispute Resolution Professional’s time. Generally, to minimize cancellation fees, Desert ADR must receive notice of cancellation 14 days prior to the scheduled date of hearing. Different cancellation rules may apply to longer matters such as lengthy arbitrations or private trials. The specific details for those matters will be covered in the first letter (“initial fee letter”) that we send out to confirm the matter. For more details, see our Fees and Policies.
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How are conflicts of interest handled?
We generally inquire, when first talking to counsel about a new matter, as to who the parties are. The chosen Dispute Resolution Professional (DRP) will then notify counsel if there is a potential conflict. Many potential conflicts do not prevent a matter from going forward, so long as the parties, counsel, and the DRP, are comfortable with the situation. If any of the people involved are not comfortable with the DRP, or visa versa, then we will not handle the case. Any monies paid will be refunded.
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When will you send out the arbitration award?
Arbitration awards will be sent out once the arbitrator has completed his award, and only after receipt of all fees due from counsel. As a general rule, the more complicated the arbitration, the more time it takes to prepare the award. Good work takes time. We are proud of our work.
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Do we get a refund for unused Fees?
Yes. Any unused professional fees, after payment of our two-hour minimum fee, will be refunded after the matter is concluded. The $200 administrative fee paid by each party is non-refundable. See our Fees and Policies for more details.
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Is there a place to meet prior to the case?
There are coffee shops (e.g. Denny’s and International House of Pancakes) within a few blocks of our office. Parties and counsel are also free to use a conference room (if available) up to one hour before the scheduled start of their hearing. If you wish to use a conference room prior to the hearing, please let us know in advance.
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Will you travel to another location?
Yes. We will generally travel to any location in Southern California, but we do charge for travel time, up to the hourly rate of the mediator. Our offices in Rancho Mirage are suitable for most matters, but some parties and/or their counsel prefer other sets, which may be more convenient, or economical.
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Do you have a VCR or DVD player, WiFi, or other amenities?
Yes, we have a VCR/DVD player, Wi-Fi, law library, and access to Westlaw. We also provide good coffee and cookies.
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What is your success rate for mediations?
Our success rate averages about 70%. Some cases settle just before, or a short time after, the mediation. Often the mere “threat” of going to mediation settles a case. If we count all those cases, our success rate is probably higher. Even cases that don’t settle often benefit from the mediation process. The mediation process can be valuable, even if the case does not settle, for many reasons, such as:
- The parties usually learn a lot about their case and their opponent’s case during the mediation process;
- The parties often realize, for the first time, how expensive it is to go to trial;
- This may be the first time that a third party (judge, attorney, or mediator) evaluates or explains portions of their case, and the other side’s case, to them. Attorneys are advocates for their clients, and they generally don’t want to talk to their clients about the negative aspects of their case;
- The parties often leave a mediation with settlement figures in their minds, that later help them to settle the case short of trial;
- The mediation may be the first time that the parties have ever met or seen (or spoken with) each other. That can often be a good thing, as each side might realize that their opponent is just a person who believes in his or her case, just like they do; and
- The mediations may set the stage for a second successful mediation.
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Where do I send briefs/payment?
Please send all payments to Desert ADR at 69730 Hwy 111, Suite 207, Rancho Mirage, CA 92270, payable to “Desert ADR.” Our Taxpayer ID # is 33-0621285. Yes, we are incorporated.
Briefs can be mailed to the same address as noted above, or they can be faxed to us at 760-324-8823, or e-mailed to Tom Grossman at tomgrossman@desertadr.com. Please be sure that we receive the briefs at least 3 days prior to the hearing date.
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To whom are checks payable?
Please make checks payable to Desert ADR. Our Tax ID # is 33-0621285.
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Do you take credit cards?
Yes. We take Visa, MasterCard and American Express. You can also pay over the phone.
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What should I do if I have other questions?
Call Thomas A. Grossman at (760) 770-1237 (770-1ADR), or send an e-mail to info@desertadr.com, or tomgrossman@desertadr.com.
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