When should I seek to mediate or find a way of resolving the dispute?
Though the timing of any settlement discussion is always a matter of strategic concern, generally speaking, the earlier the better. After you have spent a lot of money in legal fees and costs and the parties have become entrenched in their positions it may become more difficult to resolve a dispute.
What if I already have an attorney and the litigation is pending in the courts?
We do not believe a party should be unrepresented by legal counsel if you have already retained an attorney in the dispute. We only encourage you to advise your attorney that you would like to mediate a resolution.
Can DRMS represent our business in the resolution process?
No. We do not represent any party and do not render legal advice to any party. Our efforts are aimed at providing a trained third-party neutral to bring the parties together in a mutually agreeable resolution.
Do you guarantee a settlement?
No. While more often than not we are successful at bringing about a resolution, the outcome sometimes depends on the willingness of the parties to resolve their differences. However, we are very confident in our abilities to achieve settlement when the parties come to the table in good faith.
How long does the settlement process take?
As long as it takes for the parties to achieve a satisfactory resolution. We do not give up on the process. Sometimes it takes a few hours, sometimes it takes a few days. But it will certainly not take as long as the years most cases languish on the courthouse docket.
What does it cost?
$450 per hour with a minimum fee of $2,000. One-half of one-day's rate is paid in advance as a retainer.
Suppose no settlement is achieved?
If the parties decide to end the mediation or no settlement is achieved before the conclusion of the first day, no further fee will be charged beyond the minimum fee.
Who Pays the Fee?
The fee is split evenly among the disputing parties. Therefore, if there are two disputing parties, for example, each will pay only $1,000 of the minimum fee and one-half of the total fee, if any, thereafter.