Mediation Information
Request a Mediation
To request a mediation date, check Availability to determine what dates are available. We recommend that you try to agree on several dates in case we are not able to confirm your first choice.
Once all parties have committed to the date(s), send an email to andrea@jeffrossmediation.com with the following information in the body of the email (please do not include any attachments):
- Requested dates
- Matter name
- Whether this is a single plaintiff, multiple plaintiff, or class/representative PAGA action
- The full names of all parties
- The names and contact information for all attorneys (including address, email and telephone number) and the name and email address of any assistants you want copied on communications
- How the mediation fee will be split among the parties (Note: If either side’s portion of the fee is being split among multiple firms or parties, please specify exactly how the fee is being divided)
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 offers in-person mediations in the Monterey area on a limited basis.
Mediation Fee and 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 andrea@jeffrossmediation.com 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 four weeks prior to the scheduled date. If the mediation is cancelled or rescheduled less than four weeks before the mediation date, the fee will not be refunded unless we are able to schedule another mediation on that date.
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 and to andrea@jeffrossmediation.com. 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. Please contact andrea@jeffrossmediation.com for Mr. Ross’s mailing address.
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 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).