The minimum time charged for the mediation session itself is 3 hours. In addition, 2 hours (max) are charged for preparation & administration. Thus, the basic appointment for mediation is a minimum of 5 hours in all.
If the mediation session continues beyond the 3 hours contemplated by the basic appointment, I bill the additional time we actually use in session, at the same hourly rate. I charge time in this fashion rather than blocks such as "full day", because I think block fees can work unfairly for the parties.
Retainers are not ordinarily required in cases in which all parties are represented by counsel.
If one or more parties are not represented by counsel, retainers may be required to be paid, in advance and in amounts that are equal between the parties, as discussed with counsel and the unrepresented party(s).
The parties are entitled to and will receive an account in writing from me after the mediation concludes. The account will set out my hours and services rendered in the case.
If retainers have been paid, my account will show those retainers and how they have been applied. If any balance of the retainers remains on hand after application of the retainers to my account(s) then outstanding, that balance will be returned to the parties in the proportion of their respective contributions, or paid otherwise as instructed by them in writing.
The parties will be liable on a joint and several basis for payment of my fees, plus reasonable disbursements incurred, and the H.S.T. payable upon both, all as billed and billable from time to time by me.
