Blackman ADR Services

We provide half day and full day mediations and arbitrations at rates intended to be substantially more competative than charged by mediators with comparable background and experience.  Our rates are also flexible based on the nature of the matter and the parties' circumstances.  A substantial part of our work is done at reduced rates.  Please contact us to discuss rates for particular matters.  The terms of our engagement are straighforward.  We are likely much less expensive than you are likely to find from comparably experienced mediators and arbitrators.  Our basic terms include a clear confidentiality agreement and intuitive understanding about cooperation, civility, and party control of the process.  Here are the essentials directed to mediations (arbitrations have many comparable fundamental provisions):

1.         The Nature of Mediation.

Mediation is an assisted dispute-resolution process in which the mediator helps the parties achieve a constructive and fair settlement of disputes in a collaborative, consensual, and informed manner.  The mediator's objective is to facilitate the parties' effort to resolve their disagreement.  He works on behalf of the parties' common interest in achieving a resolution of their dispute.  He cannot give individual guidance to any individual or party within the mediation and has no power to decide disputed issues or to order the parties to act or refrain from acting in any particular way.

2.         Mediation Is Voluntary.

While the parties commit to use their best efforts, in good faith, to settle their disputes on reasonable terms, this is voluntary process.  Any party may withdraw from or suspend the mediation at any time, for any reason.  Similarly, the mediator may suspend or terminate the mediation if he concludes that an insurmountable impasse has been reached or that he can no longer effectively perform his facilitative role.

3.         Mediation Is Confidential.

The mediation is subject to strict rules of confidentiality established by state and federal statutes and rules.  The parties agree to be bound by these confidentiality requirements.  By way of example:

(a)       mediation discussions, written and oral communications, any draft resolutions, and any unsigned agreements shall not be revealed outside the mediation, may not be offered into evidence in any court or other proceeding, and shall not be admissible;

(b)       when the mediator communicates separately with one or more parties, the contents of such "caucuses" shall not be disclosed to parties who were not participants in such caucuses (unless the participants all specifically agree that disclosure is permitted);

(c)       only a mediated agreement that has been signed by the parties to the mediation may be disclosed and admitted as evidence;

(d)       the mediator may not and will not be subpoenaed or otherwise compelled to give testimony or produce documents submitted to or created by the mediator (including communication from the parties, memoranda and notes of communications, and legal or other research); and

(e)       in an action or proceeding to enforce a settlement, this Agreement shall not render inadmissable a written settlement agreement signed by the parties, or a settlement placed on the record, reached as a result of the mediation. 

The parties understand that the mediator may have an ethical responsibility to break confidentiality if he believes that a person may be in danger of harm.

4.         Mediator Impartiality.

The mediator has no interest in any particular settlement and will not advocate for the interests of any party in the mediation.  The mediator will evaluate the party's positions, legal and otherwise, but solely for the purpose of suggesting risks and dangers that the parties should fully consider.  The parties acknowledge that mediator does not give legal advice.  Decisions on legal matters, and whether to obtain independent legal advice, are solely the responsibility of each party.  The parties are encouraged to secure legal guidance throughout the mediation process and are strongly advised to obtain independent legal review of any mediated agreement before signing that agreement.

5.         Mediation Fees And Costs.

(a)       Absent another agreement initialled by the parties and the mediator, the parties agree to pay $1,500 for a half day session (which includes up to four hours of in person mediation, associated preparation, and followup correspondence). The parties will pay $2,500 for a full day of mediation (which includes up to seven hours of in person mediation, associated preparation, and followup correspondence).  In order to allow the mediator to charge lower rates, the parties are responsible for costs associated with the rental of conference facilities if the parties do not agree to proceed using Zoom and cannot agree to use conference rooms supplied by one the parties.  Costs for items such as travel outside of Southern California or Southern Arizona, extensive copying, and other unusual items of expense will also be billed to and paid by the parties.  Significant items of expense will be discussed with the parties before being billed.  

[Alternate hourly rate compensation. (a)  The parties may agree to an hourly based on the nature of the dispute and the status of the parties.]

(b)       A deposit/advance payment may required when the agreement is signed.  Any deposit will be applied to the mediator's billings.  If any part of a depositi or advance is unearned, it will be refunded. 

(c)       Fees are splict evenly among the sides.  Where there are multiple parties, parties with common interests are considered a single side. 

(d)       Payment of fees and expenses not covered by an advance are due 15 days following the date of billing.   Should payment of an advance not be timely made, the mediator may stop all work and withdraw from the mediation.