Casetta Mediation Solutions FAQ

Mediator Compensation and Timeline

Paul charges $250 per party per hour. As part of the mediation, the parties and their counsel receive:

• A 30-minute all participant introductory video conference

  • We put faces with names and humanize the attorneys and the clients/decision-makers who will determine how we reach a resolution

  • Occurs two weeks before the mediation

• A 60-minute video conference for each side

  • This includes counsel and clients/decision-makers

  • This is your opportunity to advocate for your position

  • This is your opportunity to tell Paul what information you need from the other side before the mediation session

  • Occurs 10 days before the mediation

• A 45-minute follow up video conference for each side

  • This occurs after the parties exchange mediation position statements

  • Includes counsel and clients/decision-makers

  • This is where we discuss the strengths and weaknesses of your position

  • Paul will communicate what additional information the other side has requested

  • Typically, Paul will ask the plaintiff to communicate a demand

  • Occurs one week before the mediation

• A 30-minute final pre-session video conference with all outside counsel, only

  • This does not include clients/decision-makers

  • Paul will communicate the plaintiff's opening demand and ask the defendant to make a responding offer before the mediation session

  • Occurs at least three days before the mediation

• An 8-hour mediation session

  • In-person, virtual, or hybrid, as dictated by the clients wants and needs

    • In-person or hybrid preferred

  • The 8-hour block may be extended for two additional hours, if the parties and Paul agree that progress is being made

    
    

In-Person, Virtual, or Hybrid

The strong preference is for in-person sessions, including in-person participation by clients/decision-makers. This maximizes the tools available to the participants, including direct client-to-client interactions.

With the preference for in-person noted, Paul understands that costs, time, corporate travel restrictions, etc. dictate that an all-virtual or hybrid sessions are needed. All participants attending virtually should keep their cameras on and remain actively engaged in the mediation process.

Confidentiality

The communications during and in furtherance of mediation are not subject to discovery, are not admissible in a proceeding, and may not be disclosed to anyone other than mediation participants -- except as provided at law. This is generally dictated by FRE 408 or the state-equivalent rule of evidence.

We will touch on mediation confidentiality briefly at the initial pre-mediation session. Counsel for the parties are encouraged to explain the confidentiality obligations to their clients in detail in advance of the initial pre-mediation session.

I utilize a second level of confidentiality. I will not disclose to another team or side any exchanges between your team (or members thereof) that occur during a caucus, private or “shuttle diplomacy” session at any point in our mediation process. This includes all communications: during your selection of me as mediator; ex-parte phone calls, Zooms, and emails; pre-mediation sessions; during mediation day and in any post mediation day follow up; There is one exception – if your team authorizes me to share with another other side or team a specifically identified disclosure you made to me. I have safeguards to protect against any miscommunication on this exception, which we will discuss.