MEDIATION FOR BUSINESS DISPUTES
We foster the highest standards of integrity and competence in the mediation of commercial disputes.
Online dispute resolution provides a fast and economical way to avoid costly court battles.
We make cross-border disputes easy to solve.
Some examples:
Civil Disputes — contracts in any industry, including without limitation, film and television, entertainment industry agreements, medicine and law, labor and employment agreements, business and partnership agreements, contractor disputes, and real estate matters, etc.
Intellectual Property — all IP disputes, including domestic and international trademark and copyright matters in 32+ countries; disputes involving trademark registration and cancellation proceedings, infringement and domain name disputes; assignments, licensing, distribution, merger, acquisition, and sale disputes.
Privacy Rights — internet, new media, and digital content disputes; defamation, slander, right of publicity/privacy.
General Business — partnership, LLC, corporation disputes and related business arrangements; business finance and fundraising disputes for non-profit organizations, and international agreements.
Family Law — custody, divorce, premarital, trusts, estates, probate, and related family disputes.
Initiating the Mediation
Email us to discuss exact rates, timing, location and details.Confidentiality
All communications are confidential and all parties will be required to sign a written confidentiality agreement at the start of the mediation. The parties also understand that mediation does not constitute legal advice and are advised to have their own legal counsel, if necessary. If the mediation is not a legal dispute, then the parties’ understand they are not to rely on the mediator as providing legal advice. A formal document will be presented prior to mediation for each party to sign.Who Should Attend
All parties who are necessary to reaching a legally binding settlement and/or have the authority to enter into a dispute resolution agreement prior to court intervention, and their names, authority and role must be disclosed in advance.Documents
The parties must submit any briefs they wish the mediator to consider one week before the mediation and should include: (1) the facts; (2) legal claims; (3) procedural background; and (4) prior settlement positions.Follow-up
Most cases should settle, but not all of them will. We will provide reasonable follow-up through phone and/or email to try to work through any lingering issues.
The fees vary depending on the amount in controversy.
The mediation conference hourly fees range between $350-$950/hr or a flat rate between $5,500-$10,500/day.
The day rate is a flat fee for a basic two-party case (includes preparation time, review briefs,
a full day’s mediation, and 2-hours of reasonable follow-up).
You can save time and money by resolving your dispute outside of court in mediation.
In California:
Small Claims Courts can only hear cases less than $10,000.
Limited Civil Court cases involve less than $25,000.
Civil Courts hear cases in excess of $25,000.
The filing fees in court range between $340-$435 for each party for an initial complaint and answer, totaling $870+ just to start the process. If the case is complex, there is an additional $1,000 fee. Process servers usually range between $50-500+ depending on many factors. Each motion in court requires an additional filing fee ranging between $150-500.
Before you can even get to court, you have spent at least $900 up to $2,500+ between the disputing parties. Once you are in the court process, your dispute may not be resolved for over a year or two. If you proceed in court, you can spend in excess of $25,000 just in fees alone without an attorney, and $100,00+ with an attorney.
A recent court custody battle cost a potential client $325,000 in legal fees before mediation,
VERSUS
A similar high-conflict custody battle cost the family $10,000 for the custody settlement in mediation (prior to court filings) and just $10,000 in legal fees for the final divorce decree.
Listed below are sample paragraphs that can be added to any business contract. This clause requires that any disagreement between the parties related to the contact be resolved through binding arbitration subject to completion of non-binding mediation:
Please choose the one you are most comfortable with and customize or change the form to make it specific to your company:
Example 1:
Dispute Resolution:
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration by a mutually agreed-upon private arbitration service. Before the parties can arbitrate, they must participate in at least 4 hours of non-binding mediation with a private mediation service. No arbitration proceeding may be filed until at least thirty (30) days after both parties’ participate in mediation in a good faith attempt to settle the dispute. Each party pays it’s share of the mediation fees. Attorneys fees and costs may be awarded to the prevailing party in arbitration.
Example 2:
Binding Arbitration:
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration. The arbitration shall be conducted after private non-binding mediation between the parties and must precede any arbitration filing by at least thirty (30) days. The parties shall be bound by any and all rules and any award/decision rendered. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions. Any such arbitration shall be conducted by an arbitrator with at least five to ten (5-10) years of experience as a lawyer, arbitrator or judge with experience in the subject matter of the dispute and shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction. Attorneys fees and costs may be awarded to the prevailing party in arbitration.
