POLICIES

Rate: Norm’s hourly rate is $350. The parties will be responsible for paying advanced fees in the amount of $1,400 total that will cover the first four hours of mediation time. The requested date is not guaranteed until prepayment has been received and the agreement has been completed by all involved parties.

Scheduling a date: Norm's current availability can be requested by email to danajames@mlr-law.com and nmargullis@mlr-law.com. Once a mutually agreeable date has been confirmed, an agreement to mediate will be sent to all involved attorneys and parties via Sign.Plus for e-signature. Upon confirmation of a date and receipt of the agreement, prepayment should be submitted by the parties. The requested date is not guaranteed until prepayment has been received and the agreement has been completed by all involved.

Division of fees: It is typical that the Norm's fee is split 50/50 by the parties. Unless there is an existing court order or a mutual agreement to divide the fee differently, the parties will be responsible for 50% of the prepaid fees, $700.00 each.

Payment methods: Payment can be made by check to Norm's PO box or online through the payment form on the his website (mlr-law.com).

Additional fees and refunds of unused time: There will be a minimum charge of one hour for any duration of mediation session. If the mediation concludes with fewer than four hours of time used, appropriate refunds will be issued. If the mediation time exceeds four hours, the parties will be billed appropriately following the conclusion of the session. Prepaid time may include time spent reviewing submitted letters and pleadings in advance of the mediation session. Short summaries of the issues as contained in a mediation letter will not be billed. Additional materials submitted, or requests to review LINX files will be charged at the mediator’s discretion against the prepaid fees.

Cancellation/Rescheduling: If the mediation must be cancelled or rescheduled, please provide as much advanced notice as possible out of courtesy to the mediator’s schedule. Cancellation fees will be charged when mediation is cancelled by one or both parties. If notice of cancellation is received by the mediator 14 or more days before the scheduled start of the mediation, the parties will be reimbursed 50%, $350 each, if sharing fees equally. Mutually agreed upon notice of rescheduling received 14 or more days before the scheduled mediation may incur a rescheduling fee at the discretion of the mediator’s office. If notice of cancellation or rescheduling is received fewer than 14 days before the scheduled start of the mediation, 100% of the deposit becomes non-refundable. If one party unilaterally cancels the mediation, reimbursement of the deposit to the non-cancelling party is not the responsibility of the mediator’s office – this must be coordinated between the parties and/or counsel without the involvement of the mediator’s office.

Pre-mediation briefing materials: The mediation process begins with the parties advising the Norm of the issues that they wish to be resolved through mediation. This is generally done through the production of a letter, sometimes with pertinent pleadings or other documents attached, submitted one week prior to the mediation session by each legal representative.

During the mediation session, voluntariness of mediation: At the start of the mediation session, Norm clarifies the issues with each party. Typically, a process called caucusing is used where the mediator speaks individually with each of the parties, travelling back and forth between separate breakout rooms to assist the parties in resolving their issues. It is possible in some mediations that the mediator may encourage the parties to come together to discuss an issue or issues face-to-face, but only if they are both comfortable and consensual in doing so. Mediation is consensual and voluntary in nature and either side may withdraw at any time.

Conduct: Norm reserves the right to terminate or suspend any session when the actions of one or both participants are abusive, threatening, or contrary to the purposes of mediation. At the outset of the mediation, guidelines are established for acceptable behavior and conduct.

Confidentiality: Norm will ask what information can be disclosed to the other party and what may not. These requests will be honored, except when disclosure is required by law (i.e., child abuse or neglect, domestic violence, criminal activity, etc.).

Reaching an agreement, the end of the mediation session: The parties are not required to reach an agreement. If an agreement is achieved, it will be reduced to writing by one of the legal representatives and signed by all involved parties.

The mediator’s role: Norm's role is to propose and obtain an agreement between the parties to basic ground rules for conducting the mediation session; to help define or clarify the issues which the parties are interested in resolving in mediation; to explore various solutions or options with the parties.

Neutrality: Norm is totally neutral in this process and does not take sides; he is not a judge who rules in favor of one party or the other and does not and cannot provide legal advice to either of the parties. Because of the Norm’s totally neutral role, he will not reveal to others any communications addressed to the mediator’s office without consent. RCW 5.60.070, as amended, provides that communications made and materials submitted to the mediator’s office during the process are privileged and confidential, and are not subject to disclosure in any judicial or administrative proceeding, except only in certain enumerated circumstances.

Nature and scope of mediation: Mediation is a process that can assist persons who honestly want to resolve their disputes, where the parties voluntarily determine an outcome that is acceptable to all of them. The mediation will work if each side is willing to work toward a negotiated settlement. This may involve compromise. It does not work when one or both parties are – for any reason – unable to compromise, they seek to utilize mediation to affirm their position, or they try to get the mediator “on their side.” The beauty of mediation is that the parties themselves negotiate an acceptable resolution and avoid the financial and emotional cost of court proceedings, as well as the risk that a judge will

render an unfavorable decision to one or both of the parties. Mediation works best where all parties are free to be open and honest with each other with the understanding that their statements and matters addressed will remain confidential. Given the issues and the interests of the parties, sometimes it takes two or three sessions before all issues are resolved. In some mediations, all issues are resolved in one session.

Margullis Mediation Services

POLICIES

[Updated 7/3/24]