AREAS OF PRACTICE:
The preferred location of mediation is in Long Beach at Dr. Aikins’ location, 4401 Atlantic Avenue. However he will mediate at any location secured by the parties and agreeable to the parties. He is available to mediate anywhere in California at facilities secured by the parties or at facilities selected by Dr. Aikins. Preferred method of contact is Via e-mail to firstname.lastname@example.org
Persons at the mediation should have actual authority to settle the dispute. Sometimes it is necessary to have the spouses and or significant other decision makers present to assist a party to come to a reasonable decision. In mediation, the best settlement more than likely is a resolution that neither party is ecstatic about. In mediation, the parties should realize that the best alternative to a negotiated agreement is much better than the worst alternative to a negotiated agreement, e.g. trial and the risk involved.
However, there are some cases that must be tried and not even mediating Houdini could effect a solution short of trial . When the mediation is not successful, Dr. Aikins will work actively with the parties for at reasonable period of time, usually ten days, to try to effect a meeting of the minds.
Dr. Aikins believes that all parties should submit a maximum 5 page Mediation Brief (excluding exhibits) . Dr. Aikins strongly favors the exchange of mediation Briefs.
The Brief should contain a short history/story of the case, usually no more than one single-spaced page. The next two pages should contain brief statements of the causes of action and the governing law, both statute and case law. The last two pages may be argument based on questions submitted by Dr. Aikins, but without any effort to pull the wool over his eyes. He usually checks the legal citations. Whether or not a brief is submitted, Dr. Aikins will not mediate a litigated case unless he is supplied with the Complaint. (Litigated case means there has been a complaint filed, (preferably by e-mail)).
Dr. Aikins experience indicates that there is little in so-called Confidential Briefs that will not be learned during a meaningful mediation. However, if the parties have some really “red flag” issues and don’t want the other party to know about them, please submit a confidential brief (two pages maximum) to Dr Aikins.
TIMING AND PAGANATION OF SUBMITTED BRIEFS:
All briefs should be submitted at least ten (10) business days before the scheduled mediation. If brief has more than the recommended pages, the additional pages will not be read. If a party has exhibits, the pagination limit does not apply to exhibits. Also, a party may feel the need to designate certain exhibits as “confidential” and the maximum page number does not apply—providing they are exhibits and not some concoction of evidence/facts presented as exhibits.
FEES MUST BE RECEIVED AT LEAST 21 DAYS BEFORE THE DATE OF THE MEDIATION:
Dr. Aikins is based in Los Angeles County. Dr. Aikins fees are $6000 daily for up to ten hours spent in reviewing materials submitted and mediating, commencing at 10:a.m. to 6:00 p.m. All day mediations include a working lunch where each side is offered lunch during the mediation. One half-day mediation is $3500, commencing at 10:00 a.m. and concluding at 2:00 p.m. or at 2:00 p.m. and concluding at 6:00 p.m. Additional hours spent in mediation is $600 per hour. Dr. Aikins does not charge extra for mediating cases in Orange and San Diego Counties. He will mediate any where in California. However, if he has to make arrangements for facilities where mediation is to be held outside of Long Beach, additional charges may apply for securing facilities if the parties cannot host the mediation. The flat rate for all day mediations and for one-half day mediations include all travel cost. Dr. Aikins will only conduct full-day mediations outside of Los Angeles, Orange and San Diego Counties. If the parties agree to pay for a full-day's mediation and the mediation is successfully concluded prior to the full-day, no adjustments for any time expended less than a full day will be made in any case.
All mediation fees are due in full upon booking. Please email to discuss any rate adjustments that might apply to Personal Injury cases or to multiple plaintiffs, separately represented defendants or complex cases.
Cancellations of the Mediation Hearing requires 14 days notice. All cancellations must be sent to: email@example.com and in the subject area of the email should be the following: CANCELLATION.
It would be greatly appreciated if when cancelling the party would explain why the mediation is being cancelled.
Contract mediation is handled on a case-by-case basis, depending upon the amount of time contracted for, the type of mediation and or investigation required. For example, mediating regarding in-house issues, school bullying and internal conflict will be quoted on a case-by-case basis.