Oregon Mediation Center, Inc.

James C. Melamed, J.D.

Services > Client FAQ
  



PO Box 51119
Eugene, OR 97405
Phone: 541 345 1456




Client Information

This information is intended to assist you to maximize and economize your mediation experience. My goal is to assist you to most effectively, comfortably and confidently represent yourself in mediation. In mediation, you will be making all of the decisions. The mediator has no decision-making power. Thus, it is important for you to consider how you can best represent your interests in mediation, as well as the results that you would like to create in mediation.

How long will the mediation take and how much will it cost?

Unfortunately, it is hard to predict with precision how long a mediation will take or how much mediation will cost. These issues depend primarily on how agreeable the participants are. Generally, for a one day civil or organizational mediation, the cost ranges from $2,500 to $3,500. My hourly fee is generally in the $200 - $300 range depending on the complexities of the case and travel distance. I will be as specific as possible in these regards once I have a better understanding of your situation.

What are our chances for success?

Over the years, I have been successful in resolving approximately 90% of all cases presented for mediation.

What if we don't reach agreement?

In mediation, discussions and materials are confidential. If no mediated Agreement is reached, evidence of the mediation discussions, mediation materials and any draft mediation resolution will not be admissible in court or any other adversarial proceeding.

Who pays for mediation?

Responsibility for mediation fees is an issue to be decided by mediation participants. Participants are encouraged to consider sharing fees to some extent so all will benefit from expeditious and economic resolution.

What about individual attorneys?

I commonly work with parties with or without legal counsel present.  Attorneys are often advisors in the background.  I will advise that any mediated Settlement Agreement be reviewed by individual legal counsel prior to signing.

What about utilizing experts?

It may make sense, in a particular case, for mediation participants to retain mutually trusted experts or to present their own respective experts. For example, participants may desire a trusted valuation of real property, personal property or a business. It is also not uncommon for mediating parties to choose to jointly consult with an accountant or tax expert.

What else can I do to prepare?

Perhaps the most important thing any mediating party can do to ensure a satisfying and successful mediation experience is to prepare for the mediation discussions by seeking clarity as to your interests and positive intentions, as well as the ways those desires can be satisfied. I look forward to working with you.



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