Our Procedures

Services

You may call or email to set up a mediation with Prof. Avery. Both sides of your dispute must agree to the mediation. He will then send you an engagement letter, explaining the process, requesting information about your situation, and including a written mediation agreement to be signed.

Once the mediation agreement is signed, we will find a mutually agreeable date for the mediation. At present, we conduct all mediations remotely through a Zoom conference. Parties with authority to resolve the dispute must attend the mediation.

At least one week before the mediation, you will submit a written brief and relevant exhibits to Prof. Avery. You will get instructions on what you need to provide. After reviewing the briefs, Prof. Avery will make a telephone call to the attorney for each party to prepare for the mediation.

The mediation session is a maximum of eight hours. We usually begin with a joint session at which all parties are present. As needed, Prof. Avery will talk confidentially with each party to the dispute privately.

Agreements

The goal of mediation is to reach an agreement which is acceptable to all parties. It is up to you whether you come to an agreement. No one will force you to agree to anything. One of the main advantages of mediation is that the people who know the circumstances the best, the parties, are the authors of any agreement. If you continue with litigation, strangers—a judge or a jury—will decide your dispute.

Once the parties have come to an agreement, we will reduce it to writing and the parties and their attorneys will sign it.

Fees

You may choose between a daily fee or an hourly rate for mediating a dispute. The daily fee includes up to eight hours of conferencing. If you elect the daily rate, Prof. Avery does not bill separately for preparation, review of briefs and materials, or telephone pre-mediation conferences.