scheduling
To schedule a mediation or inquire regarding mediator availability, please contact Case Manager Nikki Safavi at 619-573-1873 or Nikki@morellomediation.com. When scheduling a mediation, please provide:
The names of all parties and counsel, including contact information for counsel;
If the matter is in litigation, the case name and venue;
The type of matter (class action, PAGA, wage-hour, contract dispute, discrimination/retaliation, etc.)
The parties’ agreement on the location of the mediation (in person, virtual, hybrid); and
The parties’ agreement regarding the payment of mediation fees.
After a date is reserved, confirmations, invoices, and additional mediation instructions will be sent to all parties.
Pre-mediation call
Throughout his career, Justin has found that early communication with the mediator can significantly aid the resolution process during the mediation. Thus, for all scheduled mediations, a pre-mediation call will be scheduled. This pre-mediation call is a good time to informally discuss the case, logistical issues, and any unique challenges to resolving the matter.
information exchange, mediation briefs, draft agreements
Mediations have a greater chance of being successful if the parties have exchanged sufficient information to permit an informed evaluation of the case. Surprises at mediation rarely help the process - corporate defendants often have internal clients that will need to be informed if material information is disclosed for the first time at mediation and plaintiffs often become entrenched when confronted with what appears to be a “gotcha” disclosure. Thus, the parties are encouraged to exchange material information before the mediation.
That said, there may be times that the parties wish to share confidential information with the mediator. Such information may be discussed during the pre-mediation call or through the submission of a confidential mediation statement. Confidential information will never be shared unless the party gives their approval during the mediation.
Mediation statements are due one week before the mediation and should be emailed to justin@morellomedaition.com and nikki@morellomediation.com. Mediation statements should include:
A Summary of Claims
Damages Analysis
Prior Settlement Discussions and Settlement Challenges
A Summary of Relevant Facts - Including a Timeline and Key Witnesses
A Summary of Procedural History
Legal Analysis - For Employment Cases - Employment Law Basis May Be Omitted
Key Documents - For Example, the Operative Complaint, Any Arbitration Agreement, Controlling Company Policies, Key Communications
The Parties may assume that Justin is knowledgeable regarding employment law issues and don’t need to spend time discussing general employment principles. Any legal analysis should focus on novel issues or legal issues arising outside of employment law.
The Parties are encouraged to exchange mediation statements before the mediation. If the mediation statement is intended to be confidential, please indicate the confidential nature of the statement on its first page.
locations
Justin is available for mediation via video conference or in person throughout California. In-person mediations take place at a location provided by counsel, which must include adequate conference room space for all parties and the mediator.
fees and cancellations
Full Day Mediation - All Cases: $9,750
Half Day Mediation (Four Hours) - All Cases: $6,000
Case Administration Fee: $500 per represented party (in the event of a cancellation or continuance, this fee is non-refundable)
All fees include all pre-mediation calls, preparation time, and reasonable follow up time. Mr. Morello reserves the right to charge additional hourly fees for cases involving particularly complex matters or more than reasonable follow-up. Fees for additional time will be charged at $750 per hour.
Please do not reserve a mediation date unless you believe the mediation will go forward. Counsel, not their clients, contract for the mediator’s services and are responsible for paying all fees.
Mediation fees are due in full upon booking and must be received no later than 21 days before mediation. We reserve the right to take matters off calendar if fees are not timely paid. Cancellations or continuances 21 days or less before the mediation will result in forfeiture of the entire mediation fee, unless we can fill the date with another matter.
Fees paid less than eight days before mediation must be paid by LawPay. The mediation fee may be paid by check, credit card (a 3% non-refundable credit card processing fee applies) or ACH bank transfer via LawPay. Please contact Case Manager Nikki Safavi at 619-573-1873 or Nikki@morellomediation.com for details.