What are the Fees of the Mediator?
Cost to Mediate: $275 per hour for time expended at the mediation. Daily rate of $2000. These rates include preparation and travel expenses, except for travel exceeding two hours roundtrip. If travel exceeds two hours then the travel is $75. per hour. Fees are payable according to the parties’ agreement.
Deposit: A deposit equal to a one-half day fee ($1000) should be paid no later than the beginning of the first mediation session. Payment in advance assures that parties are equally committed to mediating, improving the chances of success.
Rescheduling/Cancellations: No charge for canceling a mediation if done at least 8 days prior to the scheduled date. Otherwise, the canceling party pays a $500. cancellation fee to the mediator, absent an excusable reason.
Type of Mediator
Mediators may be: evaluative by judging facts and outcomes to encourage settlement, facilitative with a focus on the parties’ drivers and interests, or a combination of the two.
Attorney Rakowsky’s preferred style is a combination of facilitative and evaluative styles, heavily favoring a facilitative, party-centered process. Deferring to lawyers for the parties to evaluate the strengths and weaknesses of the case (generally in separate caucuses with the mediator), allows the mediator to maintain a neutral approach. Parties that reach their own agreements are more satisfied with the process and outcome, surveys show.
Who Attends Mediation?
In order to increase the likelihood of a resolution acceptable to everyone, all parties, attorneys, insurance adjusters, and anyone else with settlement authority should attend the mediation session in person at the time that it begins. Parties may consent to others participating by telephone. If telephone or video attendance is agreed upon, the party requesting that arrangement makes the logistical and financial arrangements.
With the consent of all parties, non-named parties may attend the mediation. Note that any non-parties who assist in decision-making may facilitate resolution.
When Do You Prepare Pre-Mediation Summaries?
Sharing mediation summaries with the mediator generally saves time and increases the likelihood of a successful mediation. Please send whatever you think is relevant five (5) days prior to the mediation at a minimum. Summaries plus attachments not exceeding ten (10) pages is preferred sent via email at: Connie.Rakowsky@gmail.com. If for some reason a summary is not possible or the deadline is burdensome, please contact me.