SERVICES, FEES AND TERMS
Through Agreement.com (www.Agreement.com), Abby Silverman will serve as a neutral person selected by the parties to facilitate the resolution of a dispute or controversy before a lawsuit is filed or at any time in the litigation process. She holds mediation sessions in San Diego, Orange, Los Angeles Counties and the San Francisco Bay Area.
The mediation process is governed by the parties’ agreement on format and procedure. A combination of traditional facilitation and a more active conciliation role, including recommending appropriate solutions, are the most common roles for the mediator.
Mediations are generally scheduled and billed in full-day or half-day increments that include the mediation session, preparation, pre-mediation and normal post-mediation telephone calls and electronic communication and travel time. There is an additional one-time non-refundable administrative fee for each party and an hourly rate for additional hours if necessary and agreed upon by the parties.
Fees are set taking into account the number of parties and the location. For example, the fees for a two or three party full-day mediation at Agreement.com offices in San Diego are $4000, plus $100 administrative fee for each party.
Other Mediation Terms
Confirmation Letter: Each party or legal representative will receive a confirmation letter from the mediator that sets out the key dates and other terms of the mediation. The execution of the return copy of the letter confirms the mediation date and the engagement of Abby Silverman as the mediator.
Payment: Each party’s non-refundable administrative fee and one half of each party’s portion of the mediation fee are due with the return of the confirmation letter. The balance is due and the whole fee becomes non-refundable 21 business days before the scheduled mediation session.
Written Submissions: Written materials should be delivered or submitted by e-mail, or personal delivery, at least three business days prior to the mediation session. The submission should indicate whether it is confidential or whether it will be provided to the other parties. Written submissions are generally limited to 15 pages in pleading form or 10 pages in letter form, not including exhibits or attachments, unless otherwise approved by the mediator in advance.
Confidentiality Agreements: Every participant in the mediation session must sign a confidentiality agreement before the session begins.
Abby Silverman will serve as a neutral decision-maker selected by the parties in accordance with their agreement and in compliance with California law. The arbitration process is governed by the arbitration rules and procedures of the arbitration forum selected by the parties and set out in the arbitration agreement. After the Arbitration hearing, the arbitrator will make a binding arbitration award.
Arbitrations are generally scheduled and billed in full-day increments that include the Arbitration hearing plus a one-hour Case Management Conference (CMC), preparation of the pre-hearing order, preparation for the Arbitration hearing and preparation of the final award. There is an additional one-time non-refundable filing fee.
Full-Day Arbitration: $4000
Filing Fee per party: $250
Additional Hourly rate: $450
Other Arbitration Terms
Selection Procedures: Within 10 days of the initial contact, Abby Silverman will comply with the disclosures required by California law and the parties’ agreement. If within 15 days of the Arbitrator’s disclosures, no party objects to the selection of Abby Silverman, a letter will be sent to each party or legal representative confirming her appointment. The filing fee is due upon receipt of the confirmation letter.
Confirmation Letter: Each party or legal representative will receive a confirmation letter from the arbitrator that sets out the date of the CMC and other terms of the arbitration. Execution of the return copy of the letter confirms the CMC date and the engagement of Abby Silverman as the arbitrator.
The Case Management Conference: Generally, the CMC is held within 10 days of the confirmation letter. At the CMC, the dates of the Arbitration hearing and other anticipated hearings are scheduled. Also, the date is set on which the payment(s) are due and on which deposits become non-refundable. All other terms of the arbitration will be discussed at the CMC and will be set out in the pre-hearing order.
Payment: Generally, a deposit equal to one day’s arbitration fee is due five days after the CMC. For longer hearings and, if discovery or dispositive motions are anticipated, the deposit may be increased. Generally, the payment(s) become(s) non-refundable 10 business days before the first day of the Arbitration hearing, unless the scheduled time is filled with another arbitration hearing. Additional fees for discovery motions or dispositive motions, if any, are due five business days before the hearing or as ordered at the CMC.
Consulting, Audit and Investigation Services
Abby Silverman will serve as a consultant or advisor to one party or “side” of a controversy, who is interested in resolving an actual or anticipated dispute through mediation, arbitration or other alternative dispute resolution (ADR) process. She will provide strategic advice on the appropriate ADR forum, process and procedure, and work with counsel or clients on preparing for the ADR hearing.
Abby Silverman also consults and implements workplace audits and investigations at the request of a company, its outside counsel or its audit committee. Audit and investigation services include the design and implementation of the study, appropriate interviews and consultation, and, if requested, a report.
Consulting, Audit and Investigation Fees
Consulting fees will be set at Abby Silverman’s current standard hourly rate of $450. Abby Silverman requires an initial retainer, equal to the estimated first month of the consulting services, due upon receipt of the confirmation letter and prior to the commencement of the consulting services. The retainer amount will be credited against the actual consulting hours. Thereafter the client will be billed monthly for the consulting work as it progresses, including out-of-pocket and travel costs. Invoices are due and payable on receipt.
Other Consulting Terms
Confirmation Letter: The client will receive a letter of engagement, which will set out the terms and scope of the consulting assignment and the terms of the engagement of Abby Silverman.