How to schedule a mediation?

In order to schedule your mediation, please email Becky becky@briskilaw.com and provide a range of months, weeks or dates that you would like to schedule your mediation.  We will then provide available dates from which you may select.  Please circulate proposed dates to counsel and provide the preferred dates of mediation.  

In addition to this information please provide:

  • A case caption.
  • Contact information including phone numbers, email address, and physical address for all counsel.
  • Confirm the parties are splitting the mediation cost 50/50.  A 50/50 fee split will be presumed unless otherwise indicated.
  • The preference of the parties to have the mediation via Zoom, live, or a hybrid.
  • Kindly include your admin contact to facilitate scheduling the matter.

What are the mediation fees?

MEDIATION FEES FULL DAY

• $4,500.00 Zoom Mediation-Statewide

• $4,500.00 In Person-San Jose or Sacramento Locations

• $5,500.00 In Person-Southern California

No administrative fees.
Full-Day Includes all necessary review, research, phone calls & follow-up.
Mediation fees are due 2 weeks prior to the mediation.
Mediations may be cancelled and fees returned with a 72-hour notice.

Conference Rooms and Locations

When mediations go live, we have the ability to host mediations in San Jose, CA or Sacramento, CA with ample conference rooms for all parties as well as a breakout rooms.  Most matters are now handled via Zoom. If other venues are needed for live mediations, please inquire and we will attempt to have one or the other party host at their offices as long as this is agreed upon.

Zoom Mediation & Protocol

Most mediations are presently held via Zoom.  As things have progressed this is the new norm for most parties and counsel.  Zoom mediations proceed similar to live mediations with nearly identical success.  An email will be sent to all counsel regarding Zoom protocol, but as a summary, the below is provided:

  1. A Zoom link for the mediation will be sent to counsel approximately two weeks prior to the mediation.  Counsel and parties need only hit the link and they will be logged on to Zoom for the mediation. Each Zoom Mediation will have a separate unique ID and link that should not be shared with anyone not attending the mediation.
  2. Most mediations begin at 9:30 a.m. and all parties and their counsel check in/logon at 9:25 a.m. on the day of the mediation.  
  3. Everyone will initially be admitted to a “waiting room”, which is a white void that will have the message, “please wait the host will let you in soon.”  
  4. The parties enter a “waiting room” so that the confidentiality may be maintained, and we can avoid any unwanted interlopers from participating.  This has never happened, but it is a preventative measure to ensure confidentiality.
  5. Once all parties and counsel have appeared in the waiting room, the mediator will admit everyone to the main meeting.   Participants should enter with their video off and volume on mute.  The mediator will briefly say “hello” and then send the participants to their individual breakout rooms.   
  6. Breakout rooms are provided for each party so that once the mediation has started via Zoom, it will only be Plaintiff and their counsel, and Defendants and their counsel in their own separate rooms.  
  7. The mediator will briefly visit and introduce himself to Plaintiffs for approximately 10 minutes, then Defendants similarly, and thereafter we will begin the mediation in earnest with about a half hour or more being spent with the Plaintiffs, then the Defendants etc…
  8. Once in your breakout rooms it will be like the Hotel California… “you can check out any time you like…but you can never leave…” Not exactly like that, but if you were to try to leave your breakout room it will tell you that you cannot re-enter the main meeting so please do not leave your breakout rooms.  If you do, however…never fear, we can get you back in.
  9. If counsel would like to meet individually without the presence of clients, as often happens in mediations, there are multiple private breakout rooms for this.  
  10. Finally, please make sure your clients have downloaded the Zoom app and have a basic understanding of the controls and how they work.

Briefing

Briefs should be submitted via PDF to Kael Briski kael@briskilaw.com and please copy Becky becky@briskilaw.com via email seven days prior to the mediation.  It is understood that because of the nature of the practice, briefs will at times be submitted at a later date.  If this is the case, please so advise, and also sync up with opposing counsel.

Please exchange briefs.  It is strongly suggested that the parties exchange briefs as this will assist the process and streamline things significantly.  If there are certain matters that counsel wish to remain confidential, then it is suggested that a supplemental and confidential letter be submitted that refers the mediator to these matters.  Alternatively, counsel may submit briefs with certain items redacted.  

As far as length is concerned, the range of 10-15 pages is preferred but briefs of any reasonable length will of course be read and reviewed.  Ordinarily, briefs are read several times prior to mediation.

Relative to authorities, it is helpful for counsel to submit authorities they feel are useful, and important to their substantive claims, especially if there is a particular legal point that is in contention.   There is no need to provide a treatise on employment law and please do not engage in vilifying the parties or counsel.  

If any previous settlement discussions have taken place this should likewise be included as it may provide a useful starting point or history of the matter.

Prepared Long form of Agreement

It is suggested that counsel (ordinarily defense counsel) circulate prior to mediation a proposed form of agreement so that when that matter is concluded, and a settlement figure is arrived upon, the agreement may be appropriately modified and or signed.  We have all been involved in situations where the case settles at 3:30 p.m. and signatures are not obtained until 6:30 p.m.  In order to avoid this scenario, the pre-mediation circulation of agreement is useful.