McCarthy Mediations Information

I want your mediation to be as productive as possible.  Over the years, through trial and error, I've adopted certain "rules of the road" to help make our experience together better.  Read more about them below.    

I charge a flat daily rate for all mediations. The fee includes all prep time, an optional call with the attorneys, a full-day mediation, and reasonable follow-up. The mediation fee is due one month before the mediation.

If the mediation is canceled or rescheduled less than one month before the mediation date, the fee will not be refunded unless I can schedule another mediation on that date.

I offer a pre-mediation call with the attorneys, typically about two weeks out. It gives us a chance to chat, talk about the case, and be candid, outside of the presence of clients. I typically want to know:

• Why do you think I'm the right mediator for your case?
• Why do you think now is the right time to mediate your case?
• What efforts have you all made to resolve your case?
• Who needs to be there to resolve the case?
• What do you think are going to be the biggest obstacles to resolving your case?

Some lawyers don't want to. I get that. I think it's pretty helpful in making the mediation more efficient and eliminating surprises at the mediation, which can derail settlement talks. That's why I offer it. Most lawyers who have taken me up on it love it.

Please email your briefs and any exhibits in PDF format to me at John@McCarthyMediations.com and Contact@McCarthyMediations.com at least a week before our mediation.

I don't want you reinventing the wheel, so I happily accept MSJ papers, Settlement Conference Statements, or Trial Briefs. I appreciate briefs looking like the Points and Authorities you'd file in court, with citations to a separate "Notice of Lodgment" of Exhibits. Bookmarking the exhibits is quite helpful for everyone but not necessary. I appreciate brevity, but I understand if you're not into the whole brevity thing.

I encourage exchanging briefs with the other side. I'm amazed at how many conflicts arise because of misunderstandings. As lawyers, we're often thinking one thing, but once we see another, we understand and can move toward resolution.

I understand you may have confidential information you'd like to share with me but not necessarily the other side. So, I encourage redacting the confidential information before exchange or submitting the confidential information to me separately. However, I really urge you to exchange briefs with the other side.       

My regular rate includes video mediation. I remember when mediators supplied coffee, snacks, and even meals at mediation centers. COVID killed that. But, I have been trying to bring it back. I typically say "Thanks" with a gift card for local coffee/food from Thnks!

I understand that some cases need that personal touch. So, I offer in-person mediations for an additional cost. I can even provide conference rooms in most major cities for an additional fee. Please email me at John@McCarthyMediations.com to discuss in-person mediation, the use of conference space, or any other issues you might have.