Mark A. Buckstein - Professional Dispute Resolutions, Inc.
Mediation Fees and Policies
Fee Structure - Fees for mediation services on weekdays will be charged at a rate of $600 per hour
for preparation, attendance at mediation and any follow up activity in furtherance of the mediation (e.g.
telephone negotiations, preparation of reports, resolution of settlement agreement issues, etc.). For
mediations conducted on week-ends and legal holidays, a flat fee of $5,000 will be charged which will
include all preparation, mediation and post-mediation activities.
Confirmation and Cancellation Policy - Within one week after a mediation is scheduled, one of the parties shall send a written confirmation of the mediation to each of the parties and to us If no such confirmation is received, it will be presumed that the mediation has been cancelled and it will be removed from our schedule. If a mediation is cancelled less than two weeks prior to the scheduled mediation date, a cancellation fee of $1,000 will be charged to be divided equally among the parties.
Travel Policy
• The preferred location for all mediations (including those scheduled through the FINRA) is our office, which has conference and caucus facilities suitable for virtually any number of participants.
• No travel time or disbursements are charged for any travel within Palm Beach Broward or Dade County, Florida except when less than six hours are spent on the mediation, in which case actual travel time may be charged.
• For travel to other sites in Florida, travel time will be charged at a rate of $250 per hour (no additional charge will be made for disbursements for such travel).
• For mediations in North Carolina, South Carolina or Georgia, a negotiated flat fee of between $5,000 and $7,500 per day will apply depending on the number of cases that we have scheduled in those states during the same week
• For mediations at sites outside of Florida, Georgia, North Carolina and South Carolina, a flat fee will apply. The charge will be based upon the actual location of the mediation and the anticipated travel and preparation time.
Responsibility for Mediation Fees - Unless we are otherwise notified, it will be assumed that counsel for each side (rather than the parties themselves) will be responsible for one-half the charges. If we are to invoice a party rather than counsel, a refundable deposit of $2,000 will be required from that party.
Mediation Materials and Confidential Mediation Summaries
All pleadings, pending dispositive motions and prior judicial determinations in the matter at issue should be submitted in the form of a joint exhibit by all counsel at least one week prior to the mediation. Confidential mediation summaries are not required but any such summary should be provided two days prior to the mediation and should contain such information and exhibits as counsel believe may help crystallize the issues, describe settlement discussions and positions, or otherwise aid the mediator in attempting to facilitate a resolution of the dispute. Lengthy documents and exhibits should not be transmitted by facsimile but should be sent by the mail or by e-mail.
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