Mediation Information

Scheduling a Mediation

NOTE: Mr. Ross's schedule is fully booked through the end of 2022. If you would like to be placed on the waiting list for 2022 dates that become available due to a cancellation, please email Mr. Ross, and indicate the general time frame you are interested in.

Mr. Ross will be transitioning to a part-time schedule in 2023 and will be booking dates only a few months in advance. Currently, he anticipates making dates available for January and February 2023 at the beginning November 2022, Those dates will be posted on our website at that time.

To schedule a mediation, first e-mail Mr. Ross to obtain available dates. We suggest the parties agree to a couple alternative dates in case your first choice is no longer available when you call back to schedule the mediation.

Once the parties have selected a preferred date, email Mr. Ross again to confirm that the date is still available and to reserve the date for your mediation. You will then be asked to send an e-mail with the following information: (1) full names of all parties; (2) names and contact information (telephone, fax and e-mail) for all counsel; and (3) how the parties have agreed to share the mediation fee. Once we receive this information from you, we will send all counsel a letter confirming your reserved date, providing you with information about the mediation and due dates, and enclosing an invoice.

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Mediation Fee &
Cancellation Policy

Mr. Ross charges a flat daily rate for all mediations. The mediation fee includes all preparation time, a full day mediation and reasonable follow up. The daily rate varies depending on the number of parties and the type of case. Please email Mr. Ross for rate information.

The mediation fee is due two weeks from the date the confirming letter is sent to all counsel. The fee is fully refundable if the mediation is cancelled or rescheduled at least three weeks prior to the scheduled date. If the mediation is cancelled or rescheduled less than three weeks before the mediation date, the fee will not be refunded unless we are able to schedule another mediation on that date.

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Mediation Statements

When Due: Mediation statements are due one week before the mediation Please email both the statement and any exhibits directly to Mr. Ross at If the statement itself, excluding exhibits, is more than thirty (30) pages, please also send a hard-copy of the statement (but not the exhibits) to Mr. Ross, by overnight mail to: 389 Gibson Ave., Pacific Grove, CA 93950.

Exchanging Statements: It has been my experience that mediations are generally more productive and efficient if the parties exchange mediation statements with one another, so that counsel – and their clients – have an opportunity to learn and fully consider the other side's views in advance of the mediation. For this reason, I strongly encourage the parties to exchange statements, rather than to submit confidential statements "for the mediator's eyes only." At the same time, if there is information that you feel it is important for me to know but that you do not wish to share with the other side, you are welcome to submit a separate confidential letter setting forth that information.

Contents of Statement: The most persuasive and helpful mediation statements are those that focus on the relevant facts and evidence, rather than on hyperbole and rhetoric. Put simply: I need to know what you claim happened and what evidence you have to support your version of events. If you have supporting documents, witness statements or deposition testimony, please attach them as exhibits to your statement. (It is helpful if you highlight those portions of the documents and testimony upon which you are relying, and if you include an index of exhibits if there are more than a few). If there is a central or particularly complicated legal issue in the case, a brief discussion of the issue and controlling authority is helpful; otherwise, you do not need to provide a primer on employment law generally.

Length: Except in unusually complex cases, mediation statements generally should not exceed 10-12 pages (excluding exhibits).

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Video Conference Mediation

All mediations are conducted by video-conference. For those who have a strong preference for in-person mediation or feel it is critical in a particular case, Mr. Ross will also offer in-person mediations in the Monterey area once Covid-related restrictions have been lifted.

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