Cover Letter
August 1, 1997
John Smith, Esq.
5000 Very Faraway Place
Great Britain
James Jones, Esq.
ABC, Inc.
1234 Faraway Pl.
Santa Barbara, CA 92100
RE: XYZ Corporation v. ABC Inc.
Dear Counsel:
This is to confirm that the parties have consented to my appointment to act as mediator in this matter. The mediation will be conducted either on the telephone or by way of electronic mail. I will act strictly as an impartial third party exclusively for the purpose of assisting the parties to reach a mutually acceptable settlement and will not be providing legal advice.
THE PROCESS
The process for this mediation will be a series of telephone calls with each side individually. If I think it will be productive, we might schedule a joint telephone conference. I might also communicate with you through electronic mail if you are properly equipped. If not, we'll communicate through the telephone and fax.
SCHEDULING
Since we are all busy, we need to schedule 3-4 calls during the next several weeks. I have scheduled a call with John Smith on Friday, Aug. 8 at 11:00 a.m. pacific standard time. My schedule is such that I mediate almost every day outside of the office but could arrange to talk to John Smith in the early morning hours since he is three hours ahead of us. I can arrange to speak to James Jones in the late afternoon or early evening. If we schedule a call and for some reason you become unavailable due to an emergency, it is critical that you call or leave me a voicemail. My direct voicemail number is 818.416.2751 which I check several times each day. You can also call me at home at 818.345.1418.
CONFIDENTIALITY
All communications made in relation to this mediation are confidential. To this end I am enclosing a Confidentiality Agreement which I request that all parties and counsel sign and return to me by mail or fax immediately.
QUESTIONNAIRE
Before we have our initial telephone conference, I encourage you to answer the questions in the enclosed Mediation Questionnaire with your client.
FEES AND EXPENSES
The fees of mediation shall be $300.00 per hour, plus a $150 per party administrative fee, which is primarily for expenses such as long distance telephone charges. All fees shall be shared equally by the parties. Billable time for mediation services is done in four hour blocks and includes services rendered relative to individual or joint conferences, written statements from the parties, any general or individual session, related or subsequent conferences, and specific services requested by the parties. Such fees shall be payable as follows:
(a) a non-refundable reservation payment of $750.00 per party representing the first four hours payable forthwith.
(b) (other payment terms)
I don't want to waste your time in mediating this case unless we can expect to reach a settlement. I expect to have a good sense within the first four hours whether we have a reasonable chance at resolving this case. If the case is not resolved within this time period, we will have a discussion to determine whether an additional investment in time and expense is warranted. If we mutually determine that progress is being made and everyone wants to go forward, I will ask you for another four hour retainer.
Please confirm your agreement to these terms by signing a copy of this letter and returning it to me by fax or mail as soon as possible. Thank you for allowing me to be of service.
Sincerely,
Jeffrey Krivis
WE AGREE TO THE ABOVE TERMS
Dated: Aug , 1997 ________________________________________
Dated: Aug , 1997 ________________________________________
Dated: Aug , 1997 ________________________________________
Dated: Aug , 1997 ________________________________________
Dated: Aug , 1997 ________________________________________
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