Can We Talk?

Terms and Conditions.

The Framework for the Mediation

Unless the mediator is informed to the contrary, the parties are deemed to have agreed to the following:

Fees

Full-day: The fee for full day mediation is $4,500 plus $450 per hour in excess of 10 hours. Preparation time is included in the time.
Half-day: The fee for half day mediation is $2,250 plus $450 per hour in excess of 5 hours. Preparation time is included in the time. The law firms representing the parties are responsible for the timely payment of their client's share of the fee.

The parties agree to share the mediation fee unless I and all other parties are notified otherwise in advance of the mediation.

Mediation Hours

Full-day: Full-day mediations begin at 9 a.m.
Half-day: Half-day mediations commence at either 9 a.m. or 1:30 p.m. Other start times can be arranged to accommodate the needs of parties or counsel.

Cancellation or Postponement of the Mediation

There is no charge if the mediation is cancelled more than 10 working days prior to the date reserved for the mediation. When a cancellation occurs within 10 working days of the scheduled date, the fee for the mediation is deemed earned and the parties will be charged for the minimum time reserved UNLESS the time reserved is utilized by other parties. We post times available on the website. It is necessary to strictly enforce this cancellation provision.

Confidentiality

The parties agree that the mediation is governed by the state mediation statute in which the mediation occurs (in Oregon the statute is ORS 36.220 et seq) and agree the mediation is confidential. The parties further agree that the mediator will not be required to testify about the mediation, unless the parties and the mediator otherwise consent.

Submissions

Please email all submissions to jim@knollmediation.com and to diane@knollmediation.com at least three (3) days prior to the scheduled mediation. Submissions should include a short factual and legal outline of the dispute, a summary of the strengths and weaknesses of a party's position and a summary of the settlement negotiations to date, if any. Pertinent copies of important evidence or reports are welcomed.

Parties are invited to telephone the mediator to provide additional information, if necessary.

The parties are encouraged to share their submissions with the other parties. Please advise if this is done.

Personal Attendance by Decision-Maker(s)

Decision-makers with adequate authority to settle the dispute should be physically present at the mediation, unless all other parties have been notified in writing otherwise and have expressed in writing their agreement to participate by phone.

Joint Sessions

Joint sessions of some or all of the participants at the mediation may occur (a) if the mediator deems that such sessions would be productive, or (b) participants and counsel convince the mediator that such meetings will be productive. Generally, such sessions are not utilized unless there is an identified purpose, expressions of desire by all participants to have such sessions and commitments by all that they will participate with the goal of moving toward resolution.

Retention of Documents

All materials submitted to the mediator are destroyed when the case settles, but in no event more than 15 days after the mediation has occurred. Parties are invited to make arrangements to pick up their material, if desired.

Notice: Neither the content on this website nor any transmissions between you and James L. Knoll through this website are intended to provide legal or other advice, or to create an attorney-client relationship. In communicating with us through this website, you should not provide any confidential information to us concerning any potential or actual mediation or arbitration matter you may have. Before providing any such information to us, please obtain approval to do so from us.