1. Fees

Fees are generally charged on an hourly basis a set by the court or the agreement of the parties, or in the case of arbitrations or Private Trial Resolution, on a per diem basis, when appropriate. Fees are charged for time to spent on preparation, attendance at mediation proceeding, arbitration or trial, award preparation and any folow up activity in the furtherance of the mediation, such as telephone conferences, negotiations, preparation of post-mediation, resolution of settlement agreement issues, as well as other post mediation/arbitration/trial activities. Please contact our office for our current billing rates for mediations, arbitrations or private judge engagements.

2. Extraordinary Expenses

If there are any extraordinary expenses incurred, such as Federal Express, shipping or return of exhibits, extraordinary faxes, the parties shall share said expenses in their respective pro rata amount. For a mediation outside of Florida, a flat fee will apply depending on travel time, expenses and length of mediation.

3. Payment

Payment of all fees is due upon receipt of an invoice at the conclusion of the mediation. Please promptly address all questions concerning invoices. The attorneys and unrepresented parties are solely responsible for said fees. In the event collection efforts are required, Marcus shall be entitled to an award of reasonable attorneys fees and costs, including fees for any court action to litigate the same. All invoices past due ten (10) days will be charged interest at the maximum rate allowable by law.

4. Travel Policy

No fees will be charged for travel in Broward, Miami Dade or Palm Beach Counties, except if less than four (4) hours are spent on mediation. In that event, travel time will be charged at a rate of $250.00 per hour.

Travel to other locations will be charged at actual travel expenses, plus travel time from portal to portal at a rate of $250.00 per hour or fees set by the Court.

5. Cancellation

No cancellation fees are charged if canceled seventy-two (72) hours before Conference date. If canceled within seventy-two (72) hours, $1,500 of the deposit shall be retained as a cancellation fee. Counsel and unrepresented parties are urged and expected to provide written notice of cancellation at the earliest possible time. Written notice of cancellation must be sent together with copies to all parties. Fees will be charged for any preparation prior to cancellation in the case of Arbitration and Trial Resolution.

6. Scheduling

Scheduling should be accomplished at the earliest possible date. When scheduling, please try to provide a realistic estimate of the time required for the actual mediation/arbitration or trial. Please remember and remind clients and representatives, that mediation especially, is a process and generally takes longer than most parties adequately estimate. When scheduling, please let us know of any special requirements you may have. The scheduling party is responsible for sending the proper Notice of Confirmation of Mediation/Arbitration with the court, with copies of to all interested parties, including a copy to mediator/arbitrator.

To initiate an Arbitration under F.S. Chapter 682, “Florida Arbitration Code, mail the original “Demand for Arbitration” to above address along with an initial filing fee of $175.00 and send a copy to all respondents via certified mail.

To initiate an Arbitration or Voluntary Trial Resolution proceeding under F.S. Chapter 44.104, follow the procedures set forth in F.S. 44.104.

Counsel are urged, prior to mediation to counsel their respective clients regarding the mediation/arbitration process, the nature of confidentiality and the requirement that parties be present (unless excused by written agreement or Court Order) together with the person who has the actual authority to make the ultimate decision to resolve the dispute in the case of mediation.

7. Premediation / Arbitration and Trial Materials

All pertinent pleadings, pending dispositive motions, prior judicial determinations, if any, in the matter to be resolved, should be submitted to mediator/arbitrator or Trial Resolution Judge at least ten (10) days prior to actual proceeding. (Of course, in the case of arbitration or trial briefs or memos will greatly assist the arbitrator/Judge together with agreed upon exhibits).

In the case of mediation, we have found that providing us with Confidential Premediation Summaries, while not required, are very helpful to the mediator to understand the significant issues in dispute and the parties position on said issues. The said summaries should also contain any information, exhibits, case law that counsel believe may assist the mediator. Please also provide copies of settlement demands, offers of settlement (formal and informal) and status of settlement discussions. If possible, please identify in the order of significance, the most critical issues to be addressed. Please also explain any unusual aspects of case that may aid mediator in better understanding.

Particularly in the case of an arbitration, if a party is seeking any type of non-monetary relief, please set forth the proposed relief you are seeking. (Non-compete, non-disclosure, the terms and scope you are seeking).

8. Confidentiality

All mediations, whether court ordered or otherwise, shall be conducted as if they were court ordered, and the parties and their respective counsel agree, as evidenced by their signatures below, that the mediation shall be a confidential mediation for the purposes of Settlement.

The above terms and conditions are hereby agreed to by the parties and their counsel