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FEE SCHEDULE (Mediation or
Arbitration)
STANDARD FEES
Two options
Parties may select between two standard fee
options: A "full day" or a "half day" rate.
The "full day" fee is $850 per party for up
to eight hours in session. The "half day" fee
is $600 per party for up to four hours in
session.
Additional time is charged at the rate of
$125 per hour per party.
When there are more than two parties the
additional hourly charge may be reduced. For
example, in the case of three parties the
additional hourly charge is normally $75 per
party.
Other fee arrangements can be negotiated as
desired.
"Party" defined
For fee purposes the term "party" includes
one or more parties that are represented by the
same attorney.
Multiple parties that are represented by
different attorneys are treated as separate
"parties" for fee purposes, even if they share
a common legal position in the dispute.
A single party that is represented by more
than one attorney is still treated as a one
"party" for fee purposes.
Mediator
Whenever the term "mediator" is used herein
it means John Delaney of Bryan, Texas, whether
serving as a mediator or arbitrator.
Form of payment
Fees are payable by a check issued by the
attorney or law firm representing a party, or
an insurance carrier.
Checks should be made payable to Delaney
Mediation, Inc. A taxpayer ID will be provided
on request.
Party checks are generally unacceptable
unless pre-approved by the mediator.
An attorney that appears at the mediation on
behalf of a party agrees to indemnify the
mediator for any party checks that
are dishonored.
Payment due
Fees are due and payable not later than the
conclusion of a session. When mailing a check
please DO NOT use Certified Mail. It often
results in a trip to the post office because no
one was present when the letter carrier
attempted the certified delivery. Delivery will
be confirmed on request.
Location of session
All fees quoted are for sessions that are
held in Brazos County, Texas, or within an
hour's drive.
Beyond that distance the fees are increased
in relation to the amount of travel involved
and time committed to the session.
For example, for a session in Houston a
"full day" is $1000 and a "half day" is
$750.
Related services
There are no charges for services outside of
the actual sessions, such as phone calls,
e-mails, faxes, copying, correspondence, case
study, legal research, drafting of
settlement agreements (or award letters), and
reports to courts.
Travel and facility
expenses
Unless otherwise agreed there are no charges
for expenses incurred for travel, lodging,
parking, and the like.
When agreed in advance there may be an
additional charge to reimburse the mediator for
the cost of a mediation facility.
Meals
When meals are ordered in for a session they
are not included in the fee, but are paid for
by the participating individuals on site.
CANCELLATION FEES
Explanation
Your mediator does not maintain a
traditional law practice. He is a retired
district court judge who, in addition to
serving as a "visiting judge," is permitted by
rules of judicial ethics to serve as a mediator
(and arbitrator), but not to practice law
generally.
Your mediator will become committed to your
scheduled session once it has been agreed upon.
He will decline other engagements that would
conflict.
When a session is cancelled near the
scheduled date, for whatever reason, it
normally results in a loss to the mediator. It
is usually impossible to schedule another
mediation. There is no other
income-generating activity that can fill the
vacant time slot, unlike in a normal law
practice.
Consequently, it is reasonable for the
mediator to be compensated, at least in part,
for the time lost due to late
cancellations.
"Cancellation" defined
A "cancellation" includes permanent
cancellation as well as re-scheduling or
postponement, for whatever reason.
It also includes those that may be beyond
the control of an attorney, party, or adjustor
(e.g., settlements, illness or accident, trial
settings, depositions, work or training
assignments), or that are due to the failure of
any party or attorney to perform prerequisites
for
mediation (e.g., provide requested
discovery).
Provided, when in the judgment of the
mediator a re-scheduling is unavoidable due to
extreme weather conditions or similar causes,
it will not be treated as a
cancellation.
Late cancellation
defined
A "late cancellation" is one that the
mediator is notified of during 7 calendar days
immediately before the session date. The
session date is not included in the 7 days.
Fee amount
A "late cancellation" of a session shall
entitle the mediator to be paid ½ the basic fee
(whether "full day" or "half day") for all
parties.
For example, for a "half day" mediation
between two parties in Brazos County the
cancellation fee would be $600. For three
parties the fee would be $900.
Responsibility
The cancellation fee will be payable by the
parties in equal shares, unless the mediator
determines that one or more parties should
not be responsible, due to the absence of any
fault or circumstance attributable to those
parties, or their attorney or
adjustor.
In that instance the responsible parties
will collectively pay the entire cancellation
fee in equal shares.
All parties are jointly and severally liable
to the mediator for the entire cancellation fee
if in the judgment of the mediator after
reasonable efforts it cannot be collected from
the responsible parties.
Payment due
All cancellation fees are due and payable to
the mediator in Brazos County, Texas, on the
date of the late cancellation.
Refunds
If the mediator is later fully compensated
for work performed during the period covered by
the cancellation, he will refund any
cancellation fees paid.
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