MEDIATION

  • Mediations are generally held remotely via Zoom videoconference, but Julie is available to mediate in-person, as appropriate, at a site agreed upon by Julie, counsel, and the parties.

  • For mediation inquiries, including available dates and fees, please email julie@julieariasyoung.com.

  • Julie charges a daily flat rate, which varies depending on the number of parties and mediation location. The flat rate includes case convening (including scheduling and logistics), Julie’s comprehensive preparation and review of all materials submitted, any pre-mediation conference calls with counsel, the mediation day, and any reasonable follow-up. Any additional substantive post-mediation follow-up is billed hourly and will be invoiced to the parties based on the agreed-upon fee split.

    Full payment of the mediation fee must be received at least four weeks in advance of the mediation date.

  • The mediation fee will be fully refunded if the engagement is canceled in writing at least four weeks before the scheduled mediation date. If the engagement is canceled or postponed less than four weeks before the mediation date, the mediation fee is non-refundable unless another matter can be scheduled to fill the reserved date.

General Mediation Procedures

  • Decision-makers: Please ensure that all appropriate decision-makers, including any insurance representatives or other persons whose approval is necessary for resolution, can attend the mediation on the scheduled date.

  • Commitment to the day: Arrange to have the day free of other obligations. For Zoom mediation, attendees should use a private, distraction-free space. To make the most efficient use of time, please ensure that your clients are familiar with the Zoom platform and have the means to access it prior to the mediation.

  • Pre-mediation calls: Julie believes that pre-mediation calls are an effective tool in preparing for mediation and may reach out to counsel prior to the mediation. 

Mediation Briefs

Julie relies on mediation briefs to comprehensively prepare for mediation. As a result, Julie must receive your brief at least seven days before the mediation via email.

Helpful Components of Briefs

In mediation, information is crucial. The mediation brief is your opportunity to share with Julie the critical issues in the case and your perspective as to the strengths of your client's position, weaknesses in the other party's position, and any nuances in the matter that can be leveraged toward resolution. Where possible, provide evidence in the form of key documents, deposition testimony, and/or witness declarations, which are more impactful than an attorney's description of evidence or representation as to how a witness may testify. 

In general, the mediation brief should include the following:

  • A brief introduction outlining the case, including the most relevant legal claims. 

  • The procedural status of the litigation, including what discovery has been completed and upcoming noteworthy dates (e.g., dispositive motions and/or trial).

  • A summary of the facts and chronology of significant events (linked to evidence).

  • A legal discussion connecting the material facts to the relevant law. (There is no need to cite legal authorities for basic principles of employment law. In citing legal authorities, please include substantive parentheticals.)

  • An analysis of the strengths and weaknesses of each party's position.  

  • A candid discussion of damages (with specific calculations and supporting evidence where possible).

  • A summary of any prior settlement negotiations.

  • Any relevant exhibits, including declarations and deposition testimony. Please highlight relevant portions of deposition transcripts referred to in the brief. 

  • Potential impediments to settlement or any additional information that counsel believes would be helpful to Julie in assessing the case and facilitating a settlement.