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I handle many different types of cases — business disputes, real estate, probate, personal injury, employment, professional malpractice, defamation, neighbor disputes of various types, family law, and more.
Some cases are largely about money, at least on the surface. But often the underlying dynamic involves personal, emotional, reputational, anger, or resentment issues. So even if the resolution may involve a monetary payment — which is not always the case — getting to the point where settlement is possible can involve working through tough human issues.
As for the “size” of cases, I try to set my mediation rates at a reasonable level, so that my services are affordable to a wide range of litigants. I don’t rank the “importance” of a case by the sums involved. In many cases, there are issues at stake that could have very important — even life-changing — consequences to those involved, regardless of the amount of money at stake.
Examples that come to mind include a defamation suit in which someone sued his niece over allegations of sexual abuse. And one where someone sued a reality TV production company about invasion of privacy and being portrayed in a false light. Plus many where the parties were members of the same family — with long histories of deep rifts — caught up in disputes over estates, trusts, or family businesses.
“Diplomatic,” “well prepared,” “empathetic,” “persistent.”
I avoid a one-size-fits-all approach. I try to get under the skin of every case, to understand the real interests of the parties. In some cases, the parties are looking for a somewhat evaluative approach, although that’s not always the best way to bring about a settlement. In many cases, what’s needed is a facilitator of communication. And some call for a creative approach, helping to identify interests that may have been overlooked. Most really require a subtle blend of techniques.
Ultimately, my role as a mediator is to lead a conversation about making difficult decisions, often in the face of uncertainty, to identify solutions that are better than continued litigation.
I am based in Santa Barbara. But I mediate cases throughout Southern California and beyond.
I do mediations in person or over Zoom. There are pros and cons to each:
In-person mediations: Traditional mediations involve having everyone in the same building, usually in separate conference rooms. The mediator shuttles between them, sometimes gathering everyone together for a joint session.
Some people are more comfortable talking in person than over video. And the physical immediacy of everyone being in the same building can focus the mind and help create a dynamic toward resolution. There can be something compelling about the knowledge that by the time the participants leave the building and breathe fresh air, the dispute could be settled.
Zoom mediations: During the pandemic, mediations using Zoom and similar video conferencing platforms grew out of necessity. But they have remained popular even after the pandemic ended.
Mediations via Zoom can be very effective. They can replicate the essence of an in-person mediation, with “virtual breakout rooms” for each side and “rooms” for joint sessions and other caucusing. The task of the mediator is to ensure the settlement dynamic that can build when everyone is in the same building carries over into the virtual arena.
Zoom mediations can have unique advantages over in-person ones. They can be easier to arrange, and less costly and burdensome if they avoid the need for travel. Sometimes, parties are more comfortable taking part from their home or office. And this can help keep everyone engaged in the process and willing to stay the course. So some people have come to prefer Zoom mediations to the traditional variety.
Hybrid mediations: Some mediations end up as a hybrid. For example, if a case does not settle at an in-person session, but significant progress has been made, a follow-up Zoom session on another day might be what it takes to get it resolved.
I offer a simple and transparent pricing policy with actual mediation time on the day the only chargeable item and everything else built into that amount:
Hourly and flat rates on the day: My half-day rate is $2,000 (up to around four to five hours, although I do not watch the clock too closely). My full-day rate is $4,000 (up to around nine to 10 hours). Alternatively, I can bill at an hourly rate of $500 (with a three-hour minimum) or $600 with multi-party cases.
Preparation included: Preparation is very important, but I build this into my hourly rate for actual mediation time on the day and do not charge extra. This includes reading mediation briefs and having pre-mediation phone conferences. The same goes for reasonable amounts of follow-up.
No extra charges: There is no administration charge, and no charge for travel time or expenses.
Smaller case special rate: Mediation is a very cost-effective form of dispute resolution compared with litigation. But the cost can still seem high for parties caught up in smaller disputes and those with limited funds. So with cases where the claim is for less than $50,000, and certain others where resources are limited, I offer a Zoom-only, half-day special rate of $1,200. This amount — $600 per party in a two-sided case — is well below market rates. I offer this as a service to encourage parties to settle smaller disputes before they get out of hand and to make it easier for those with limited resources to receive the benefits of skilled mediation.
Cancellation and rescheduling policy: Things happen. No one should mediate if they are not feeling up to it. So I do not charge cancellation or rescheduling fees. I ask only that parties do not take unreasonable advantage of this, since last-minute changes are disruptive to people’s schedules and can result in out-of-pocket expenses.
Small print: Unless otherwise agreed, fees are split between the parties. Advance payment is always appreciated and may be required for new clients. Any excess is billed subsequently. Deposits are fully refundable if the mediation is cancelled and not rescheduled.
There are mediators who charge more than me, and others who charge less. I mediate cases throughout Southern California. And mediation can cost more in some parts of the region than in others. Some mediators vary their rate, but I prefer to charge the same regardless of the venue in which a case is being litigated.
I have always been plaintiff/defendant neutral. My law practice as an advocate consisted only of appeals. And in appeals, there are no “plaintiffs” or “defendants.” There are “appellants,” the parties bringing the appeals — who might have been plaintiffs or defendants in the trial court. And there are “respondents” or “appellees” — the parties defending the appeal, who, again, might have been on either side of the case in the lower court. As a lawyer, I always represented both appellants and respondents/appellees — and parties who were previously both plaintiffs and defendants.
So unlike trial lawyers, who often do have a distinct “plaintiff” or “defendant” background, I have absolutely no subliminal bias caused by my background as a lawyer.
Cases that go up on appeal are the ones that did not settle at the trial court level. So I am very aware of the full cost — financial, human, and emotional — of litigating to the bitter end. And I am very familiar with the processes parties will have to go through if they do not settle. Sometimes, reviewing an appellate record is like watching a slow motion video of events moving to a bad outcome, and wishing one could do something to help — except the outcome has already occurred.
Mediation is now my main focus. I no longer take new cases as an attorney of record, but I do still consult with other lawyers on appellate matters.
Yes. But — contrary to what people in the U.S. sometimes tell me — this does not make what I say more erudite. Brits are capable of talking “rubbish” (as they would put it) as much as anyone else. So judge me on the substance of what I say, not on the accent that delivers it. Maybe, perhaps, the fact I’m obviously originally from somewhere else somehow helps bolster me as a “neutral.” But I’ve lived in Southern California for over 30 years. And my kids were born and raised here. So I think I understand the place, even if I sound like I just got off the plane from London.
© 2024 John Derrick