Our Services package includes expenses and expectations prior to dispute resolution proceedings.
Both parties are responsible for dispensing half the payment of the dispute resolution conference proceedings. If either or both parties fail to participate or arrive for scheduled conference without giving notice then will result in forefeiture of deposit.
Deposit Policy:
A deposit is due 7 court days prior to scheduled mediation and 30 days prior to scheduled arbitration.
Cancellation Policy: ½ of deposit will be refunded if cancel more than 48 hours (2 business days) prior to the
scheduled mediation and 14 business day notice for scheduled arbitration or the full deposit will be retained.
Rescheduling:
We understand life is full of unexpected surprises and the need to reschedule may arise, we ask that to maintain professionalism that both sides communicate if the need to reschedule arises in order to prevent losing deposit.
Rescheduling fee: $100 will be added if give minimum 48 hour notice, otherwise $200 reschedule conference to a later date of no more than 10 business days.
Travel time:
Travel outside San Diego County is two thirds of hourly/1/2 day/full day rate.
Mediation Hourly Rate
FIRST 2 HOURS:
Mediator per hour rate: $250.00 per hour for the first 2 hours
HOUR 3 AND BEYOND:
Mediator per hour rate: $370.00
A deposit of $500.00 is due 7 business days prior to scheduled mediation
Other policies for first 2 hours:
Any continuance of the mediation will result in $150.00 being charged against the deposit of $500.00 and said deposit will need to be replenished.
Mediation ½ Day Package
The fee for a half day is $1,200. A half day is four hours of session time.
A deposit of $1,200.00 is due 7 business days prior to scheduled mediation
Mediation Full Day Package
The fee for a full day is $2,500. A full day includes up to 8 hours of session time plus 1 hour break for lunch.
A deposit of $2,500.00 is due 7 business days prior to scheduled mediation
Arbitration Package:
Arbitration daily rate of $4,000 for a full day includes up to 8 hours of session time plus 1 hour break for lunch.
A deposit of $4,000.00 is due 30 business days prior to scheduled arbitration
Our Resolution-Ready Packages:
For Mediation we begin by thoroughly reviewing your briefs to understand the core conflicts before the initial meeting. During the conference allows our 3rd-party neutral to focus entirely on bridging gaps and ensure both sides understand their positions and interests to reach a mutual decision. Most importantly, if and when an agreement is reached, we will draft the final Settlement Document or Term Sheet both sides are free to (with counsel) review. This ensures parties agreed resolution is immediate, clear, and ready for signature, preventing post-mediation disputes over terms.
For Arbitration, Our package includes a dedicated Full-Day/Multi-Day hearing session(s) where we manage the proceedings and allow each side to examine witnesses and present arguments focused strictly on the disputed elements.
How we prepare: We conduct a thorough review of your submitted briefs and evidence. This ensures the arbitrator understands the core issues immediately, streamlining the hearing process.
A detailed Case Assessment Memo identifying evidentiary gaps, logical inconsistencies, and key leverage points based on the Issue–Element–Proof framework.
What this entails: Professional management of both parties for handling the hearing schedule, real-time objection handling, and the presentation of visual aids (timelines, damage calculations) to clarify complex facts for the arbitrator.
What you get: A comprehensive, reasoned Final Award (or Standard Award, if preferred) that includes findings of fact, conclusions of law, and a clear disposition of costs and fees.
Outcome: A Non-binding document delivered with detailed awards and judgements promptly, allowing you to move forward with certainty.
Both parties have the discretion to take the judgment and awards to court to make the document binding and legally enforceable.
Parties will be responsible for additional court fee’s and enforceability for such actions.
Enforcing a Mediation Agreement
If the other party refuses to comply with the signed agreement, you do not restart the original dispute. Instead, you enforce the contract through specific legal mechanisms.
Motion to Enforce: If the mediation occurred within a pending lawsuit, you can file a Motion to Enforce Settlement (or similar motion under local rules, e.g., Rule 664.6 in California. This asks the court to enter a judgment based on the agreement terms.
Breach of Contract Lawsuit: If no lawsuit was pending, you must file a new civil action for breach of contract.
Consent Judgment: If your agreement included a "consent to judgment" clause, you can bypass a trial and ask the court to immediately enter the judgment terms agreed upon, often including penalties for default.
Remedies: Courts can order specific performance (forcing the party to do what they promised), award damages for losses caused by the breach, or hold the party in contempt of court if the agreement was already entered as a court order.
Contesting (Setting Aside) a Mediation Agreement
Contesting an agreement means filing a lawsuit or motion to invalidate or rescind the contract. Courts presume settlements are valid, so the burden of proof is high. You must prove one of the following contract law defenses:
Fraud or Misrepresentation: The other party intentionally lied about or concealed material facts (e.g., hiding assets in a divorce) that induced you to sign.
Duress or Coercion: You were forced to sign under improper pressure, threats, or intimidation that overcame your free will. (Note: Hard bargaining or financial pressure alone is usually not enough).
Mutual Mistake: Both parties operated under a fundamental misunderstanding of a key fact (e.g., both believed an insurance policy covered a loss when it did not).
Unconscionability: The terms are so grossly unfair and one-sided, and the bargaining power so unequal, that enforcing it would be unjust.
Lack of Authority: The person who signed the agreement did not have the legal authority to bind the party they represented.
Appealing/Contesting Arbitration Judgments:
For private arbitration, challenging a judgment is strictly limited unless you previously agreed to an appellate process. Unlike public court cases, you generally cannot appeal simply because the arbitrator made a mistake of law or fact.
This path is only available if your arbitration agreement explicitly includes an appellate clause or if both parties agree to one after the dispute arises.
If no appellate clause exists, your only option is filing a Motion to Vacate in court under the Federal Arbitration Act (FAA). Courts cannot review the merits (who was right/wrong); they only review procedural integrity.
Exclusive Grounds (FAA § 10):
Fraud/Corruption: The award was procured by corruption, fraud, or undue means.
Bias: Evident partiality or corruption by the arbitrator.
Misconduct: The arbitrator refused to hear pertinent evidence, postponed hearings without cause, or engaged in prejudicial misbehavior.
Excess of Power: The arbitrator ruled on matters not submitted or failed to render a final, definite award.
(Note: Some courts also recognize "Manifest Disregard of the Law," but this is an extremely high bar requiring proof the arbitrator knew the law and intentionally ignored it.)
Timeline: Strict deadline of three (3) months from the date the award was delivered. Missing this window bars any challenge.
Outcome: If successful, the court usually orders a new arbitration with a new arbitrator; it rarely decides the case itself.