Mediation

Mediation is a form of negotiation facilitated by a mediator.

The mediator helps the parties identify real interests, evaluate the strengths and weaknesses of each party’s position, and helps the parties reach a mutually agreeable settlement of the issues in dispute. The mediator does NOT render a decision on the merits of the dispute, unlike an arbitrator or a court. Mediation requires concession and compromise by each party, but the mediation process empowers the parties to reach a satisfactory settlement. Mediation permits the parties to control the outcome and to avoid the risk of an unexpected decision by a court or arbitration tribunal. Mediation is confidential. Any information revealed to the mediator by a party will not be disclosed to the other party without consent. Thus, mediation is more flexible, and creative solutions may be crafted. Ernest Brown's nationwide practice is equipped to host mediations and arbitrations of all sizes.

Parties to litigation often turn to other expedient forms of resolving disputes in an effort to avoid the high cost of litigation or arbitration. The parties may decide to resolve their dispute by way of private mediation. The parties agree to employ a private mediator who assists and facilitates negotiations or settlement of a dispute in an informal manner. The mediator typically identifies the strengths and weaknesses in each case and attempts to guide the parties to a fair resolution of the dispute.

Mediation Pricing

$8,000/day throughout the Western United States. Fee includes 8 hours of preparation/ travel and a full day of mediation (9 a.m.-12 a.m.). $1,500 travel/lodging fee per day for travel assignments beyond the Western US. Mediation Fees are due upon booking. The first day of mediation is charged upon the parties agreeing to a mediation date. Subsequent days of mediation can be cancelled without penalty. Estimated mediation fees are charged in advance and the cancellation fee is typically one day of any mediation that is postponed or cancelled in writing less than 14 days in advance.