SCHEDULE A MEDIATION
SCHEDULE A MEDIATION
Resolving Conflict with Fairness and Compassion.

What is Mediation?

Mediation is a voluntary, confidential process in which a neutral third person – the mediator – facilitates negotiation between disputing parties to help them reach a mutually acceptable resolution. The mediator does not render a decision or impose an outcome. Decision-making authority remains exclusively with the parties. The mediator’s role is to clarify issues, encourage communication, foster joint problem-solving, and explore available paths to settlement. Proceedings may include joint sessions and private conferences — including ex parte communications at the mediator’s discretion — to advance meaningful negotiation. Unless otherwise ordered or agreed, parties, counsel, and authorized representatives with full settlement authority are required to participate. Mediation may be conducted in person or virtually. Mediation communications are privileged and treated as confidential settlement negotiations. With limited exceptions, mediation discussions and communications are neither discoverable nor admissible in subsequent proceedings. Any agreement reached must be reduced to writing and signed by the parties. At its core, mediation is a structured negotiation — designed to help parties assess risk realistically, narrow contested issues, and pursue resolution in a manner consistent with their legal, business, and strategic interests. When conducted with discipline and preparation, it offers an efficient, cost-effective alternative to litigation that keeps control where it belongs: with the parties.

Our Mediation Approach

Deliberate Process Design
Each mediation is intentionally structured based on the complexity, posture, and exposure profile of the dispute. In advance of the conference, the neutral determines whether the matter is best served by joint sessions, phased negotiations, targeted issue sequencing, or extended caucus work. The objective is a disciplined, efficient process that advances meaningful negotiation — not open-ended discussion.
Preparation Expectations
Effective mediation requires preparation. Counsel are encouraged to submit focused position statements, key exhibits, and a candid assessment of disputed issues and settlement posture in advance of the conference. Decision-makers with full settlement authority must participate and be prepared to evaluate risk honestly and engage substantively. Preparation drives clarity. Clarity drives resolution.
Preparation Expectations
Effective mediation requires preparation. Counsel are encouraged to submit focused position statements, key exhibits, and a candid assessment of disputed issues and settlement posture in advance of the conference. Decision-makers with full settlement authority must participate and be prepared to evaluate risk honestly and engage substantively. Preparation drives clarity. Clarity drives resolution.

Mediation Fees & Terms

1. Fee Structure

Hourly Rate:

$350 per hour, with a three (3) hour minimum for half-day session and six (6) hour minimum for full-day sessions.

The applicable minimum applies to all reserved sessions, regardless of early adjournment or settlement.

Scope of Billable Time:

Billable time includes the mediation session and all reasonable time devoted to the matter, including scheduling conferences, review of submissions, preparation, drafting settlement memoranda if requested, and any post-session follow-up requested by the parties.

2. Fee Allocation

Allocation of Fees:

Unless otherwise agreed in writing by all parties, mediator fees and expenses shall be divided equally among the participating parties. The engagement to mediate is between the mediator’s firm and counsel of record. Counsel are responsible for ensuring timely payment of all invoiced amounts.

3. Billing & Payment:

Invoicing: A final invoice is generally issued following the mediation session.

Payment Terms: Payment is due upon receipt of the invoice unless otherwise agreed in writing.

Late Payment: Any unpaid balance outstanding thirty (30) days after invoice date may accrue interest at twelve percent (12%) per annum until paid.

4. Administrative Terms

Attendance and Settlement Authority:

All parties must participate with full settlement authority. If a party is an entity, an authorized representative with full authority to negotiate and resolve the matter must attend. If insurance coverage applies, an authorized insurance representative with full authority must also participate unless otherwise agreed.

Participation may occur in person or virtually as scheduled. Participants must remain available for the duration of the reserved session.

Submissions and Preparation:

Written submissions are strongly encouraged but not mandatory. If submitted, materials should be provided at least forty-eight (48) hours before the mediation session whenever practicable. All submissions are confidential and will not be shared without express authorization.

Mediation Format and Conduct:

Mediation typically begins with a joint session to outline the process and allow each side an opportunity to present its position. Upon request and where appropriate, the joint session may be modified or waived. Following any joint session, the mediation will proceed through confidential private caucuses. The mediator may engage in ex parte communications before, during, or after the mediation consistent with applicable law and rules governing mediation practice.

Audio or video recording of any portion of the mediation is strictly prohibited. No weapons of any kind are permitted at any in-person session. All participants are expected to conduct themselves in a professional and respectful manner.

Cancellation and Rescheduling Policy:

Mediation dates are reserved exclusively for the parties. If a session is cancelled or rescheduled and the reserved time cannot reasonably be filled, a cancellation fee up to the applicable minimum session charge (three-hour minimum for half-day; six-hour minimum for full-day) may be assessed, particularly for short-notice cancellations.

Parties should notify the mediator promptly if circumstances arise that may affect the scheduled date.

Confidentiality and Privilege:

All mediation communication constitutes confidential compromise negotiations under Kentucky Rule of Evidence 408, Federal Rule of Evidence 408, and applicable mediation confidentiality rules. Except as otherwise required by law, no mediation communication shall be subject to subpoena, discovery, admissibility, or compulsory process in any judicial, administrative, or arbitral proceeding. The mediator shall not be compelled to testify or produce documents concerning the mediation except upon court order issued for good cause shown. This privilege resides with the mediator and may not be waived by the parties.

SCHEDULE A MEDIATION