Our Mediation Services Agreement
Our Mediators' Daily Rates
Lee Lorenzen $10,000 per day
Elizabeth Yancey $ 3,000 per day
Brent Motchan $ 2,000 per day
NOTE: These daily rates may vary up or down based on the complexity of the case, the number of parties, etc. You and your chosen mediator will determine the Daily Rate that each party to the mediation will pay prior to signing the definitive Mediation Services Agreement. Please make all checks payable to Altura Ventures LLC, Tax ID # 56-2569627
Agreeing on the Daily Rate and Reserving of Dates
Our Daily Rates include all mediation-related services which may be performed by the mediator before, during or after the day (or days) of mediation. This includes activities such as convening, preparation, research, consultations, correspondence, conducting the mediation, witnessing the settlement, follow-up phone calls, etc. Travel expenses (e.g., car, airfare, lodging, etc.) are included within this Daily Rate unless expressly stated and agreed to by the parties in advance.
During the pre-convening stage of the mediation, the parties will agree on a specific Daily Rate based on the complexity of the case, the number of parties, the amount of pre-mediation research that will be required by the mediator, the status of any prior settlement attempts, the desired timing of the mediation relative to other potential scheduling conflicts, the specific mediator(s) that will be involved, the mediation venue and the number of issues and interests of each party to be considered.
After the parties agree on the Daily Rate to be paid, payment in full is due upon the confirmation of the reserved date (or dates). Typically, each party to the mediation pays their pro-rata portion of the Daily Rate (e.g., 50/50 for a two party mediation). A small portion of these payments (i.e., $300 per mediation) will serve as a non-refundable rescheduling fee.
Cancellation & Rescheduling
Deposits (less a rescheduling fee of $300) will be refunded if the matter is settled or continued and written notice is received thirty (30) days in advance of the first scheduled mediation date. Otherwise, a refund will be made only to the extent that the mediator is able to schedule and hear other matters on the originally reserved date.
Mediation briefs are extremely helpful in preparation for the first day of mediation. Briefs should be received by email or at the address above, not later than seven (7) days before the first scheduled hearing date. Briefs may be exchanged or kept confidential at counsel’s option.
Briefs to the mediator should include:
The history of any settlement discussions, if any;
What you think the other party views as a fair outcome;
What you see as the principal barriers to settlement;
Any other information you want the mediator to know to better understand the matter from your client’s perspective.
Please indicate on the face sheet of the brief whether or not it is confidential.
Mediation Settlement Authority
In order to engage in worthwhile negotiation and settlement discussions, it is imperative that the parties in attendance have settlement authority. Please advise the mediator prior to the hearing if this might pose a problem.
Our 100% Satisfaction or Your Money Back Guarantee
We are so confident that you will reach a settlement or in some other way be satisfied with the mediation services that we have provided that we offer each party to the mediation a guarantee of 100% satisfaction or their money back.
Here is how it works:
Each party agrees to attend the mediation, follow the mediator's lead and participate fully in the process.
- Each party pays in advance 100% of their share of the agreed upon mediation rate to Altura Ventures.
Each party arrives at the mediation, works together with the mediator towards a settlement and agrees to keep working as long as the mediator believes there is a reasonable chance for a positive outcome.
After the mediator decides the mediation has ended, the parties will have either signed a mutually agreed upon settlement or decided to proceed forward with litigation.
If after 30 days of the end of mediation, the case has still not settled and one or more of the parties wish to receive a refund of all or a portion of the amounts that they paid for their share of the mediation services, then after they submit a written request for a refund, the amount they request will refunded to them by Altura Ventures within 3 business days.
This Agreement is subject to California law and the terms and conditions described herein are non-binding on the parties until signed by all parties to the mediation. All information that is shared with the mediator and between the parties to the mediation in preparation for and during the mediation is confidential and the parties agree to keep the information confidential.
Agreed to and Signed by:
Your Name Date
Your Mediator Date
Altura Ventures LLC Date