Hire a mediator who listens.
Hire a mediator who listens closely to your case, asks the right questions, and works until your case is settled.
I. FEES AND LOGISTICS
Q: What do you require before mediation?
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You must be an attorney with a case developed enough to make an informed settlement decision.
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You should have settlement authority on the day of mediation.
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You should be prepared to submit a short mediation position paper that fairly and reasonably evaluates your case. Your mediator will assist you with a template and guides.
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You should be able to attend remote mediation via video.
Q: What do you charge?
Mediation services are priced at $400 per hour (minimum of four hours). Typically, each party is responsible for half of the cost, but this can be allocated by agreement of the parties. The four-hour minimum deposit ($1,600) is due at scheduling and not refundable. The final balance is due within five days of the completion of mediation. We can accommodate different payment arrangements for local and state government clients.
Q: Can I reserve a day without scheduling or paying the deposit?
Yes. If you need to reserve a day but haven't confirmed with the other party or your client, you can place it on the calendar for up to five business days while sorting out logistics. After five days, the mediation will be removed from the calendar unless the deposit is paid in full.
Q: What if I pay the deposit and have to reschedule?
If there is an available date, we can usually accommodate up to one reschedule free of charge. If the mediator has to reschedule, you will be offered the option of either selecting another day or receiving a full refund.
Q: My schedule is busy, and it will be hard to block a full day. How can you accommodate this?
Not every case requires a full day to settle, but if yours does and you can't book a full day, we have other options. You must book a minimum of four hours for the first session, but we can schedule shorter follow-up sessions over multiple days to accommodate everyone's schedules. In fact, if it's productive, we can even conduct limited asynchronous mediation (via email with each party having a fixed period of time to respond). However, that should only be used as a last resort in appropriate cases.
Q: How do you process payment?
You can mail a check to the address provided in your confirmation or pay by credit card (subject to the processor's transaction fee). If the parties elect to divide mediation costs, both parties must submit payment. If one party fails to pay, the mediation will be canceled and the deposit forfeited.
Q: Can I talk to you without booking a mediation?
Of course. Please email seth@sethhopkins.com or call (337) 540-9120.
II. WHO ARE YOU, AND WHY SHOULD I HIRE YOU?
Q: Where are you located?
Your mediator conducts virtual mediation from downtown Houston. If you require an in-person mediation in Louisiana, please reach out. Travel is possible but at a higher rate. For more information about your mediator, click "About Your Mediator."
Q: Why should I hire a Houston mediator for a Louisiana case?
(1) He knows Louisiana law. Your mediator graduated from the LSU Law Center and has been a Louisiana attorney since 1999 and a mediator since 2003. He clerked in Louisiana state and federal courts, worked for the Louisiana Attorney General's Office, had a private practice in Calcasieu Parish, and has argued before the Louisiana Supreme Court. He knows Louisiana law.
(2) He knows how to settle cases. His practice has been evenly split between civil plaintiff and defense work and he helped develop settlement protocols in the nation's third-largest county. He developed and teaches Alternative Dispute Resolution at the Thurgood Marshall Law Center and understands the nuances of settling cases.
(3) He is a detached neutral. Sometimes, it's better to hire an out-of-town mediator who takes a fresh, objective look at a case.
III. WHAT ARE YOU ABLE TO DO?
Q. What are the relevant mediation statutes in Louisiana?
Please see La. R.S. 9:4101, et seq., available at the link below:
Louisiana Laws - Louisiana State Legislature
Q: Do you handle federal cases?
Yes.
Q: In what areas of law are you most experienced?
Civil rights, commercial litigation, personal injury, insurance, oil and gas, and intellectual property.
Q: I don't have an attorney. Can you help me?
No. The mediator will not represent any party or mediate a case unless all parties are represented by counsel. To schedule a mediation, you must supply an active bar number.
Q: If a judge asks for a mediator's report, will you prepare one?
Yes. However, everything that occurs at mediation is confidential, and the report will only indicate whether the case settled or not.
Q: Will you draft the settlement agreement?
Usually, no. One of the parties typically drafts the agreement and the parties share their screens and review the agreement together at mediation. Once the parties agree to the terms and language, the drafter emails it to be executed. The mediator participates in this process. If the parties want the mediator to draft the settlement, that's possible too. Please be prepared to send a Word document with the case caption.
Q: I want to mediate, but the other side doesn't. Can you help?
No one can force the other side to mediate, but the mediator can reach out to the other party's attorney and encourage mediation. Here are some steps you might take under these circumstances:
(1) Submit your case for a confidential review. If you prepare a position paper and/or schedule a virtual consultation, the mediator can evaluate your case based on the information you provide at a rate of $400 per hour. Please note that this is a limited review and the mediator will not provide legal advice or a written, binding opinion of any kind.
(2) Ask the mediator to reach out to opposing counsel. If the mediator believes your case is a good candidate for settlement, upon your request, he can reach out to opposing counsel and suggest mediation. The mediator will only do this only once, and only on your request if you secure opposing counsel's permission to be contacted.
Ready to settle your case?