The Mediation Process

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DMC Mediation offers virtual and in-person mediation services.  Many clients prefer Zoom mediations.  Darren is also able to conduct the mediation in-person at a neutral office site, or if if one of the parties has space to host the mediation.

When scheduling by email or phone, please be prepared to provide the following information: 

• Case name and venue.
• Names of all parties and counsel of record.
• Type of case (breach of contract, wage-and-hour, discrimination/wrongful termination, single-plaintiff or class-action, business dispute, etc.)
• Proposed mediation dates and suggested location.
• Parties’ agreement regarding payment of mediation fees.

To schedule a mediation, please click HERE.  Once a date is selected, confirmations will be sent along with an invoice to all parties based on the parties’ fee split agreement.

Darren charges a flat daily rate for all mediations.  The type of dispute and number of parties factor into the fee.  The fee for a full-day mediation is $12,000 for class, collective, PAGA, and multi-plaintiff cases and $10,000 for individual cases.  The fee for a half-day mediation is $6,500 regardless of case type.  Half day rates are limited to a 4-hour mediation session on the scheduled day.  The mediation fee includes all preparation time, pre-mediation telephone conferences, a full-day or half-day mediation, and reasonable follow-up.  If the mediation requires more than reasonable follow-up, time will be charged to the parties at the rate of $800/hour. 

The mediation fee is due 15 days from the date the confirming email is sent to all counsel.  The fee is fully refundable if the mediation is cancelled or rescheduled at least 30 days prior to the scheduled date.  If the mediation is cancelled or rescheduled less than 30 days before the mediation date, the fee will not be refunded unless we are able to schedule another mediation on that date.  Please keep in mind that we often can find a replacement for a cancellation if given enough notice.

Mediation statements are due one week before the mediation.  Please email all mediation statements to darren@dmcmediation.com.

Mediation statements should not exceed 15 pages (excluding exhibits), except in very unusual circumstances.  The mediator will not share this information until/unless the party gives their approval to do so during the mediation.  The mediation statements should contain the following information:

• A summary of the facts
• Procedural background of the case
• Legal claims at issue
• If applicable, class certification status
• Damages evaluations/models
• Settlement demands/offers to date

If you have evidence in the form of documents, witness statements or deposition testimony, please attach them as exhibits to your statement.  You can assume that Darren is knowledgeable about employment law, but if there is a unique dispute, a new legal development, or if your matter is not an employment matter, a brief discussion is helpful.

In addition, Darren also asks that the parties exchange a draft of a Memorandum of Understanding at least one week before mediation.  The end of the mediation will be more productive if the parties are able to work out some or all of the deal terms beforehand.

Pre-mediation conference calls are a useful tool to start the mediation process.  Prior to the mediation, Darren will reach out separately to each counsel of record to discuss the case, determine the client representative(s) that will be present, address any obstacles to resolution, and answer any questions or concerns.

All parties must have someone present who has the ultimate authority to settle the case.  At least 3 days before the mediation, the parties must identify the names and titles of all individuals attending the mediation.  Attendance by individuals with ultimate settlement authority is critical to a successful mediation.