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Minimum Professional Fee:

For cases estimated at one full day or less: Except for cases quoted on a flat-fee basis, there is a minimum professional fee equal to 5 hours. 

For Cases estimated at more than one full day: Except for cases quoted on a flat-fee basis, there is a minimum professional fee equal to 8 hours for the first reserved day, plus 5 hours at the applicable hourly rate for each additional reserved day.

Waiver of Minimum Fee:  If a case is cancelled more than 14 full business days prior to the scheduled session, the minimum professional fee is waived and you receive a full-refund of professional fees.  Please see the applicable Terms of Service for details.

For complete information on rates, cancellation policy and terms of service, please go to our Downloads page where you can view and download each Neutral’s Terms of Service.

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Generally, cases are estimated as either half-day or full-day sessions.  A half-day case is estimated at 5 hours to allow some time for review of briefs and preparation (e.g., pre-mediation conferences, research, etc.). The intent is to try to preserve 4 hours for the session.  A full-day case is estimated at 8 hours.  Again, this builds in some time for review of briefs and preparation with the intent to preserve 6 – 7 hours for the session, depending on the level of preparation needed.  

Examples of a Fee Calculation:   Understanding that each Neutral’s hourly rate will vary, the following are just samples of how fees would be calculated using an hourly rate of $550 as an example only. The below examples are for a 2-party case:

For a Half-day Case:  

$550/hr. x 5 hours = $2,750 professional fees, plus $500 administrative fees ($250 x 2 parties), for a total of $3,250.  

Each side’s 1/2 share:  $1,625.

For a Full-day Case:  

$550/hr. x 8 hours = $4,400 professional fees, plus $500 administrative fees ($250 x 2 parties), for a total of $4,900.  

Each side’s 1/2 share:  $2,450.

Again, the above calculations will vary depending on the Neutral’s hourly rate.

 What is a “side?”

When talking about how many “Parties” or “Sides” are in a case for purposes of estimating mediation fees, we are customarily talking about how many attorneys there are representing the respective parties.  The simplest form of a 2-party case is where one plaintiff’s counsel represents one plaintiff and one defense counsel represents one defendant.  

However, there are other permutations of a 2-party case. Examples:  If the same defense counsel happens to represent three defendants (all with aligned interests), then that group of defendants is still just one party, or “side,” for purposes of estimating mediation fees.  Similarly, if a single plaintiff’s attorney represents a group of plaintiffs (as in a representative or class-action) that group of plaintiffs would be considered a single party. However, in the scenario where a single plaintiff’s attorney represents, for example, 2 separate plaintiffs, each with separate and individual claims, then depending on the facts and the nature of the claims, the plaintiff’s side of the case may need be considered as two parties.  If there is one defendant in such a case, that would make this an example of a 3-party case.  The number of sides will be determined on a case-by-case basis.

Don’t hesitate to contact us if you have any questions.

Again, for complete information on rates, cancellation policy and our terms of service, please see our Downloads page.

We look forward to serving you.