Mediation Services

My firm offers a unique selection of services for individuals, companies and maritime attorneys. Behind every service I provide is my commitment to professionalism.

Four to Six WEEKS for the mediation process vs. YEARS of litigation. The average time between mediation vs. litigation means you can END THE FIGHT Now.

What are the Financial Costs of Mediation?

The Costs for all mediations are billed by the hour. The fees for mediation of your issue depend upon whether it is family law, personal injury or other type of mediation.

Family Law Mediations fees: Requires upfront payment, two hour minimum. We offer services dealing with divorce, child custody, child support, visitation, designation of domiciliary parent, partition of community property, domestic abuse, designation of school choice, relocation over 75 miles from prior residence, and all other family law issues. Mediation Services for family law disputes are provided on a sliding scale based upon the parties’ combined income as follows:

Family Law Sliding Scale Income	Mediator Rate
$80,000 (+)	$240/HR
$70,001 – $80,000	$220/HR
$60,001 – $70,000	$200/HR
$50,001 – $60,000	$180/HR
$40,001 – $50,000	$160/HR
$30,001 – $40,000	$140/HR
Below $30,000	$70/HR

All remaining mediation cases: $250/HR. Personal injury mediations are billed afterwards and are due 30 days from date of mediation. All other mediations require upfront payment, two hour minimum due prior to the start of the mediation plan. No payment plans accepted.

Payment of Mediation Fees

As stated, payment for the mediation is due prior to any mediation services being rendered unless the underlying claim is based upon personal injury. Furthermore, if you have agreed as to how the mediation is to be paid for, you may pay online by clicking here. If you cannot agree to the percentage of payment between yourself and the parties, this will be discussed at the beginning of the mediation. If at the beginning of the mediation, the parties cannot agree to how the mediation costs will be assessed within 30 minutes, the remainder of the session will be cancelled and the charges for the third party mediation facility will be paid by each party 50-50 and a one-hour, non-refundable charge of $250.00 will be assessed at $125 to each party.

Continuance/Cancellation Policy

Each side is allowed one continuance of the mediation provided that the new date of the mediation is scheduled within 90 days. However, if the court has ordered that mediation take place by a deadline the parties must either agree in writing or obtain court approval for a continuance.

No-show litigants are charged a $250 mediator fee and the full cost of the venue, or if neither party shows, the fee and costs are assessed 50-50. Notification for rescheduling of a mediation (court-ordered or not) must be emailed to mediator no less than 48 hours prior to the mediation, otherwise the mediation is required to proceed unless the party desiring the continuance pay the full costs described above. If a death in the family has occurred or there is a bona fide medical emergency, mediator agrees to waive the cost of his fees provided that the cost of the venue is paid in full or the third party offering the conference room space waives their fee in writing.

What to Expect During Mediation

All participants ordered to mediation by the Court are required to attend in good faith. Good faith simply means a willingness to consider all options and attempt to come to an agreement with dignity and respect for the other parties. Mutual respect for each other goes farther than anything a court can order or I can suggest.

Family Law Mediations

Prior to the Family Law Mediation

Before your family law mediation, I will reach out to both sides either through email, text or by phone to gather some information about the case and to ask you a few preliminary questions. Unlike judges who cannot speak to litigants unless all sides are present, mediators speak with all parties both together and in private attempting to get to the heart of the issues. Anything you wish to remain confidential you should tell me that the pertinent information is to be kept in secret. Please note that all information deemed confidential is not released unless by court order or when it is absolutely clear to the mediator that a party will attempt physical harm upon himself/herself or another person.

Family law mediations require tax returns and a pay stub to take advantage of the sliding scale income. If you are self-employed or unemployed and have not filed taxes, you must bring sufficient proof of your income or lack thereof to be eligible for the sliding scale. Such proof includes: bank statements, proof of receipt of public assistance, proof of disability award, social security or Medicaid statement, etc. Furthermore, proof of your living arrangements is required (lease, HUD statement, etc.). Furthermore, bringing this information may help to make informed decisions regardless of whether you qualify for a sliding scale rate or not.

For all child custody mediations, each parent is asked to bring their favorite photo of each of their children. The reason for this will be explained at the mediation.

Additionally for Family Law Mediations besides proof of income, the following documents sometimes, but not always, help with making meaningful compromises:

• Prior Orders/Pleadings Filed in Court (if any)
• Health Insurance Coverage and Premium Info
• Daycare Records/Information Pamphlets
• Report Cards/Progress Reports
• Medical Records
• Bank Statements
• Act of Sale/Deed
• Credit Card Statements
• Mortgage Statements
• Vehicle Info (Vin #, Lien Statements, Registration)
• 401(K)/retirement fund account info
• Any other shared debt evidence
• Bills regarding your own debt
• List of items you want if community property & estimated value
• Anything else that you feel is important to you

During the Family Law Mediation

While every family law case is unique, most mediations follow a general, yet very informal format.

• Mediator’s Opening Statement – During the opening statement, you will receive some brief background information about me so that you feel comfortable, a discussion of how the family law mediation process works, a general overview of the facilities, and my understanding of the case. This is usually the most formal part of the process, where you are listening to me as opposed to I listening to each of you.
• Each Litigant’s Opening Statement – During this time, each litigant will begin stating what they wish to get out of the mediation, the list of issues that they believe need to be addressed, and anything that the other side should be aware of that would be helpful to the process. The opening statement is as formal or informal as you wish it to be. You may bring anything that assists you in giving an opening statement. There is no set time for opening statements by the parties – some can be two minutes while others can take 20-30 minutes. The biggest thing to take away from the opening statement is that it is uninterrupted by the other side, that it is respectful, and that it addresses issues as opposed to attacks the other side. For example, statements such as “the children have been late to school five days in the past two months” works much better than “I wish you would stop being lazy and get the kids to school on time.”
• Mediator’s Summation of the Issues – once each side finishes their opening statement, I will summarize the issues and topics to be addressed. Please note that unless both parties agree, the only issues that must be addressed despite objection are those ordered by the court (usually custody/visitation) or those previously listed in your prior consent judgment/mediation agreement. However, parties usually agree to mediate all issues based upon the costs of length of time litigation requires.
• Joint Session – During the first mediation session, the parties will remain together with the mediator except during breaks requested by either of the parties. The unique dynamic in family law cases is that the majority of the time the parties work best when issues are addressed immediately with them at the table. While most parties want to address the problems that require expediency in their minds, we will address issues that can achieve resolution easier first. This does two things: it promotes meaningful dialogue and allows the parties to get comfortable with the process. Mediation sessions for family law last two hours and rarely go over in order to not to wear down each party emotionally. Sessions more than two hours are rarely productive and waste the parties money and time.
• Caucuses – After the first mediation session (if necessary), I may decide to meet with each of the parties individually. This is called a caucus. A caucus is designed for parties to speak freely with the mediator in confidence. Usually this is done if there is an issue I am not quite clear about or if I believe the parties can work better towards a resolution away from each other. During any caucus, please note that my time with one side does not mean I have any favoritism towards a particular person. Usually, the length of time in a caucus deals with trying to understand each position so that I can ask questions that help move the process in the right direction. Some people can describe their positions quickly while others need time to articulate their points. The time spent with one person does not change my thoughts towards the other. I am neutral and it is not my job to advocate for a particular side or viewpoint.
• Adjournment – Most family law mediation take more than one session to complete. Provided that the parties are in agreement, or if there is a court-mandated order for four hours of mediation, a new calendar date is set for the mediation to resume when both parties are available.
• Memorandum of Understanding (MOU) – When the parties are self-represented and have come to an agreement on some or all of their issues, I will draw up a memorandum of understanding that I will sign. This generally takes 1 hour to draft and is charged at the sliding scale rate. The document represents the tentative agreement between the parties as understood by the mediator. Both sides may then present it to their attorneys for review and editing or in some cases the parties file a motion to adopt the MOU as the consent judgment of their case. In either scenario, Louisiana law requires that a mediator give the parties time o allow for attorney review, and so a form consent is given to each party to file with the MOU should they wish to do so on their own.
• Impasse – Sometimes, a compromise cannot be reached as to part or all of the issues. When the time for court-ordered mediation has expired and the parties are not willing to return, I will attempt to caucus with both sides if time permits for one last effort. I ask that if you are in this situation to keep an open mind about compromise and to think outside of the box to resolve your issues.

After the Family Law Mediation

Regardless of whether your mediation was successful or not, I will follow up to see how things are going with both parties through correspondence – usually at the six-month mark. Occasionally, new issues can arise down the line that were not originally contemplated. Many times, a simple hour of extra mediation time can tweak issues that are close to working but just are not clicking completely. As with any case, I am happy to take a call to discuss the matter further.

Personal Injury Mediations

Unlike family law mediations, personal injury mediations are more formal. Most of these mediations have attorneys present representing their respective party’s interest, and as such, the information below is written for the benefit of laypersons and legal professionals alike:

Before the Mediation

Generally, after the parties agree to mediate, they have the opportunity to supply the mediator with a position paper of the key issues. My preference is a 2-5 page letter-format position paper with confidential facts marked in some way and that is submitted at least five days prior to the mediation by email. A position paper should include the relevant facts of the case as the party sees them. Plaintiff(s) should submit specific analysis and relevant facts that prove duty, breach, causation, a quantum of the damages and any alleged egregious acts of defendant(s) as well as any issues substantive or procedural that Plaintiff(s) believe are important. All defendants should include analysis and relevant facts that show a lack of evidence of any element in the Plaintiff(s)’ claim, facts that make up their affirmative defenses, crossclaims or counterclaims, as well as any issues substantive or procedural that they believe are important. The most important part of any position paper is the quantum section and the settlement authority of your client. All position papers should include the settlement authority or the absence thereof (which will be addressed in a confidential caucus or phone call prior to the mediation when there is none).

After a submission of a position paper or within five days of the mediation, I will call each side to determine if there are conflicts that should be addressed prior to the mediation.

During the Mediation

The general format works as follows:

Mediator’s Opening Statement: During this period, you will find out more about how I facilitate the mediation process, the facilities, and my general understanding of the case. If the parties have not submitted position papers, I will generally caucus for five-ten minutes with each side so as to get a general understanding of the issues.

Each Party’s Opening Statement: During this period, each of the parties addresses what they wish to get out of the mediation, any pertinent facts of the case as well as anything that proves their theory of the case or disproves opposing parties’ facts or positions. The time taken for the statement is at the discretion of each party.

Mediator’s Summation of the Issues/Facts: After each party’s joint statements, I will attempt to see which facts and law are agreed to in the case in what is typically called a joint session. For example, if all parties agree that the defendant came to a complete stop prior to an accident, there is no need to further discuss that fact in the mediation. This helps in attempting to narrow down key issues and focusing on issues that matter for settlement.

Caucus: After the joint session, I will then begin to caucus with each side individually. I generally time caucus sessions 10-15 minutes per side but sometimes they last shorter or longer depending on the circumstances. As the day goes on, caucuses generally take longer for each side as developments ensue, and then later in the day become shorter in nature once most of the facts and issues have been exhausted.

During caucus sessions, anything that is told to me will be assumed NOT to be confidential unless you have stated so in a position paper or explicitly instructed me in caucus.

Both parties should understand that if I am spending more time with one side in caucus, it does NOT mean I favor that side. Some people are bottom line individuals while others are detail oriented. Neither approach is wrong as I have seen both to be highly effective. Sometimes, one side needs to do more of the talking to effectively move their positions closer to a settlement point. Regardless, please note that I have advocated as an attorney for both defense and plaintiff matters as well as having served as a judicial law clerk, where being a neutral is crucial to advising a judge. No matter the facts, I do not take positions as to any theory or fact. Rather, I question both sides ability to prove their case, and will sometimes come at a defendant from a plaintiff’s perspective and come at the plaintiff with a defendant’s perspective. Only by illustrating strengths and weaknesses in each case do parties understand their risk and move towards settlement.

Settlement/Impasse: If the parties come to a settlement, the attorneys will write out their agreement and sign said compromise either at the mediation or at a later time. If the parties are unrepresented, a Memorandum of Understanding (MOU) will be written by the mediator and submitted to both sides to take with them to their perspective attorneys for review.

If the parties remain at an impasse, I will usually call another joint session in an attempt to work out a solution or sticking point. If the mediation adjourns without a compromise, I will call to suggest ideas should time permit prior to your trial to attempt to come to an agreement.

All Other Mediations

All other mediations work similar to the format of personal injury mediations, with the exception that position papers are written with facts and procedural issues that are specific to their issues. Any questions regarding these types of mediations can be emailed or asked by phone without charge.