Frequently Asked Questions

For Lawyers

• Mediation Session

  Mediations may be scheduled for remote or in-person sessions.  The session will continue until the matter is resolved or it is determined that continuation of the process would be of no value. Whether the mediation will be remote must be resolved in advance.

• Mediation Procedure

  The mediation session will begin with a brief joint conference of the parties and their counsel.  As a general rule, I will explain to the parties my role as mediator, and we will review the current status of the case.  Individual private conferences will follow, and information discussed will be confidential unless I am given express permission to share specific information with the other side.

  Mediation will proceed pursuant to the Indiana ADR Rules and any local rules that apply in the venue where this case is pending. 

• Mediation Attendees

  The parties and their counsel must be personally present at each mediation session unless otherwise disagreed by the parties or excused by the Court.

• Confidential Statement

  Each party is encouraged but not required to submit a confidential mediation statement at least two days before the scheduled mediation session. If submitted, the confidential statement must not exceed ten pages in length and must include the legal and factual contentions of the respective parties, the factors considered in arriving at the current settlement posture, and the status of the settlement negotiations to date.  The confidential statement will remain privileged and confidential. The information contained in it will not be shared with the other parties unless parties express permission is granted during the mediation process.

  If you prefer, you may email the confidential statement as an attachment in Word format to srb7853@aol.com.

• Mediator Disclosure

  Although I am an attorney, my role in this proceeding is as mediator and as such I do not represent any of the parties.  I will remain neutral with regard to any issues pending between the parties, and I will not give legal advice.  Based on the information given to me thus far, I do not believe that I have a conflict or relationship with any of the parties in this case which would preclude me from serving as mediator.  My objective is to help the parties reach a mutually acceptable agreement on all or any part of the issues pending between them. 

• Mediation Costs

  The fee for my services will be $300 per hour for preparation time and time spent in session No charge will be made for travel time within Elkhart County.  I do not anticipate any miscellaneous expenses but if any are incurred, they will be itemized and apportioned equally or charged to the party incurring the same as appropriate.  The fee for my services will be divided equally between the parties unless otherwise ordered by the Court. As to represented parties, I am extending credit for my services to counsel in this matter and not their client(s) with the understanding that the attorneys are ultimately responsible for payment of the mediation fees and expenses.  

  If the mediation fee is not paid in a timely manner, the balance due will increase to include reasonable attorney fees for time spent pursuing collection at the hourly rate stated above.  Please note that the mediation rules require that payment be made within 30 days after the completion of the mediation session.