MEDIATION INFORMATION

  To schedule a mediation, please visit the online scheduling page.  Mediation availability is posted online six months in advance. 

Parties requesting dates further than six months in advance should contact case manager Pedro Martinez at pedro@marsiliation.com or by telephone at (213) 389-6050 ext. 11, to discuss available dates and location. 

If scheduling by email or phone, please provide the following information: 

• Case name and venue.
• Names of all parties and counsel of record.
• Support staff that should be included in the service list.
• Type of case (breach of contract, wage-and-hour, discrimination/wrongful termination, single-plaintiff or class-action, business dispute, etc.)
• Proposed mediation dates and suggested location.
• Parties’ agreement regarding payment of mediation fees.

Once a date is selected, confirmations will be sent along with an invoice to all paying parties based on the parties’ fee split agreement.

The fee for a full-day mediation is $18,000 for class, collective, PAGA, and multi-plaintiff cases and $15,000 for single plaintiff cases.  The fee for a half-day mediation is $10,000 regardless of case type.  Half day rates are limited to a 4-hour mediation session on the scheduled day.  Both rates include all preparation time, pre-mediation telephone conferences, and reasonable follow-up.  If the mediation requires more than reasonable follow-up, time will be charged to the parties at a rate of $1,000/hour.

 All mediation fees are due 30 days prior to the scheduled mediation.  The mediation fee is fully refundable if the engagement is canceled at least 21 days before the scheduled mediation date. If the engagement is canceled or rescheduled within 21 days of the scheduled mediation date, the mediation fee is subject to forfeiture unless the vacated date can be rebooked with another matter.

Jason is available for mediation nationwide.  Marsili Mediation maintains two conference rooms that can accommodate 4-6 people and two attorneys’ offices that can be used for breakouts and side bar conversations.  If any of the parties require additional space or would otherwise prefer hosting the mediation, Jason is willing to travel throughout the greater Los Angeles area to the office of hosting counsel.

For mediations held outside of Los Angeles, Orange, and Ventura counties, an additional fee will be charged to cover travel expenses.

For parties interested in online mediation or a hybrid format, Jason is proficient with all major video-conferencing platforms (Zoom, Teams, GoToMeeting, Skype).

 Mediation statements are due one week before the mediation and should be emailed to pedro@marsiliation.com and jason@marsiliation.com. Mediation statements should not exceed 10-12 pages (excluding key exhibits), and may contain any of the following component parts:

• Relevant and/or Operative Facts
• Procedural Posture of the Case
• Legal Analysis
• Damages/Exposure Analysis
• Prior Settlement Discussions
• Barriers to Settlement
• Documentary Evidence (attached as exhibits)
• Expectations for the Mediation
• Other Relevant Considerations

 Mediation statements should be concise and provide a big-picture perspective of the case, focusing on key facts and exhibits or any unique legal issues.  The parties may assume that Jason is knowledgeable about labor and employment law issues and need not spend time discussing an overview of those principles.  However, if there is a novel legal issue or the dispute arises outside of the labor and employment context, a more detailed discussion of the law may be helpful.

Although not required, the parties are strongly encouraged to share mediation statements before the mediation date.  The best way to foster resolution is to spend time before the mediation assessing the parties’ positions and considering the expectations of the parties in mediation.  An exchange of mediation statements helps facilitate an understanding and assessment of the other party’s perspective on the facts and law of the case.

Should either party wish to keep information confidential for the mediator, such information should be omitted from any exchanged mediation statement and provided to Jason as a separate statement or letter brief. Confidential information will not be shared unless the party gives their approval to do so during the mediation.

Parties are also discouraged from withholding critical information that may bear on the valuation of the case or the ability of the parties to resolve it.  For example, if either party obtains material information in advance of the mediation that has not been exchanged in discovery but the party intends to rely on it during the mediation (or at trial), they should not withhold the information beforehand for the sake of gaining leverage during the mediation.  Surprises at mediation often inhibit settlement and can trigger a party to abort the process for want of taking additional discovery or preparing a response to the new information.

 Counsel are encouraged to circulate a draft memorandum of understanding or long-form agreement in advance of the mediation so that the parties start thinking about resolution of the case and potential settlement terms.  Preparation and exchange of a draft MOU or long-form agreement serves as an effective precursor to the mediation and an efficient conclusion to a successful session.

 Similar the purposeful exchange of information and the circulation of a draft settlement document, pre-mediation conference calls promote an efficient and effective start to a successful mediation.  Prior to the mediation, Jason will reach out to counsel of record to discuss the case, identify the client representatives that will be present, assess any obstacles to resolution, and to establish a pathway for success during the mediation.