Robert J. Kaplan, Mediator

Fee-Related Information

General Information:  if you have never mediated with me before, here are a few things to keep in mind:

• I mediate Full-Day cases only;

• I run all of my cases through ADR (Alternative Dispute Resolution) provider, Judicate West (and they maintain my calendar);

• I mediate 4 days per week and reserve 1 day each week (ordinarily Friday) for telephonic and email follow-up and pre-hearing telephone calls on upcoming cases;
    

• My standard start time is 10 am (and we work thru lunch, which is always provided by Judicate West.)  Since I mediate every day (except my 1 day reserved for follow-up) you should plan on our session ending no later than 7pm'ish'.  If I stay too late, I end up short-changing the people I am going to be working with the next day;  
   

• My Full-Day fee includes 'normal' preparation time (usually 1-2 hours), 'normal' hearing time (usually 7-9 hours) and it also includes ALL telephonic/email follow-up on cases that do not settle at the mediation session (which generally ranges anywhere from 1 - 5 hours.) Extraordinary preparation time and hearings which go longer than 9 hours will be handled via a Supplemental Bill (described below);

• All of the above pertains to all of the conventional mediations that I do. The select Bottom-Line Mediations™ that I do, are handled entirely and directly by me on a case by case basis.

My Full-Day Rates -- which depend on the LOCATION of the mediation -- are as follows:  

San Diego, Orange County & Los Angeles:  $8,000 per day  

San Francisco, Phoenix, Las Vegas (and other places I can fly to, do the mediation and return to San Diego on the same day):  $10,000 for the 1st day of mediation (which includes all travel-related costs) and $8,000 for each consecutive subsequent day

Mediations necessitating travel days on both the front-end and the back-end: $8,000 for each weekday travel day, $4,000 for weekend travel days, $8,000 for each mediation day, PLUS all hotel, meal, ground transportation and air travel expenses (with air travel via the lesser available of Business or First Class)

EXCEPTION: Some cases are so extraordinary that the fees on those cases will be set on a case by case basis (eg., certain Class Actions, Mass Tort, Entertainment and other extraordinary high-stake cases.)

Bottom-Line Mediation™ fees are are negotiated entirely and directly by me on a case by case basis.

Other Fee-Related Matters

Case Management Fees:  Unless otherwise agreed, each party, upon scheduling the mediation, shall be responsible for paying this non-refundable fee to Judicate West (www.judicatewest.org) That fee is currently $150 per party for all mediations other than multi-day mediations – for which the fee is set by Judicate West based on the number of days reserved.

Necessary Fee Deposits:  Payment in full for reserved dates is due immediately upon confirmation of the reserved dates; and, in any event the entire fee must be paid in full (to Judicate West) before the mediation begins. Unless there is a written agreement between the parties stating otherwise, the fee shall be equally apportioned between the parties.

Hearings that go ‘Over-Time’:  If our session goes longer than the pre-agreed upon amount of time, additional conference time will be invoiced (by Judicate West) in a Supplemental Bill.  Unless there is a written agreement between the parties stating otherwise, any Supplemental Bill(s) shall be equally apportioned between the parties.

Fees for Follow-Up & Continuation Work:  If the case does not settle at the mediation and all involved agree that another session is not necessary -- I will nevertheless continue to attempt to get the case resolved telephonically.  You will NOT be charged for such telephonic follow-up (unless you request that I do so.) Please note that 'continuation work' is different than the above-referenced telephonic 'follow-up'.  If the parties set multiple sessions, the work conducted between sessions (i.e., all telephone calls, preparing emails, reading incoming emails and other correspondence, etc.) is deemed to be 'continuation work' and all continuation work will be billed at whatever the operative hourly rate is. 

Cancellation and Continuance Policy:  My policy is the same as the Judicate West 'Cancellation and Continuance Policy' (as is set forth on Judicate West's 'SCHEDULED MEDIATION CONFIRMATION' paperwork that each law firm receives shortly after a hearing date is confirmed.)  Said policy is as follows:  if the mediation that has been scheduled with me is canceled, settled and/or continued 30 calendar days or less before the scheduled hearing date -- the hearing fees are non-refundable and are due and payable upon notice.  These fees are the responsibility of the party(ies) requesting the cancellation or continuance.  No fees will be due if Judicate West can fill the vacated time.  

Any Questions:  Judicate West's Regional Vice President, Mark Kaufman, will gladly answer any fee or billing-related questions you have. Mark can be reached at: (619) 814-1966 or (800) 488-8805.

Other:  Judicate West handles all fee and billing-related matters for me on all of my conventional mediations.  PLEASE call me directly if there is ever anything that you are not 100% comfortable with.  I never want to have a situation where someone is put off by any fee or billing related matter.