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SERVICES, FEES AND TERMS

Arbitration

The American Arbitration Association (AAA) administers many of Ms. Silverman’s arbitration assignments. Please see www.adr.org. For those arbitration assignments that are administered through her office, Dispute Resolutions, the following terms apply.

Arbitration Services

Abby Silverman will serve as a neutral decision-maker selected by the parties in accordance with their agreement and in compliance with California law. The arbitration process is governed by the arbitration rules and procedures of the arbitration forum selected by the parties and set out in the arbitration agreement. After the Arbitration hearing, the arbitrator will make a binding arbitration award.

Arbitration Fees

Arbitrations are generally scheduled and billed in full-day increments that include the Arbitration hearing. There is a one-time non-refundable filing fee that includes a one-hour Case Management Conference (CMC) and Order that will govern the proceeding. Preparation for the Arbitration hearing, preparation of the final award and time spent on discovery disputes and other pre-hearing motions are billed at the Arbitrator’s hourly rate.

Full-Day Arbitration: $4500
Filing Fee per party: $350
Additional Hourly rate: $500

Other Arbitration Terms

Selection Procedures: Within 10 days of the initial contact, Abby Silverman will provide the parties or their counsel with disclosures required by California law. If within 15 days of the Arbitrator’s disclosures, no party objects to the to the selection of Abby Silverman, she will send a letter to each party or legal representative confirming the appointment. The filing fee is due upon receipt of the confirmation letter.

Confirmation Letter: Each party or legal representative will receive a confirmation letter from the arbitrator that sets out the date of the CMC and other terms of the arbitration. Execution of the return copy of the letter confirms the CMC date and the engagement of Abby Silverman as the arbitrator.

The Case Management Conference: Generally, the CMC is held within 10 days of the confirmation letter. At the CMC, the dates of the Arbitration hearing and other anticipated hearings are scheduled. Also, the date is set on which the payment(s) are due and on which deposits become non-refundable. All other terms of the arbitration will be discussed at the CMC and will be set out in the pre-hearing order.

Payment: Generally, a deposit equal to one day’s arbitration fee is due five days after the CMC. For longer hearings and, if discovery or dispositive motions are anticipated, the deposit may be increased. Fees for the scheduled hearing dates, for discovery motions or dispositive motions, if any, are due 30 business days before the hearing or as ordered at the CMC. The payment(s) for the hearing dates become(s) non-refundable 10 business days before the first day of the Arbitration hearing, unless the scheduled time is filled with another arbitration hearing. The Arbitrator’s assistant will send invoices at the appropriate times and, unless it is agreed or ordered otherwise, will divide the fees equally among the parties.

Mediation

Mediation Services

Abby Silverman will serve as a neutral person selected by the parties to facilitate the resolution of a dispute or controversy before a lawsuit is filed or at any time in the litigation process. She holds mediation sessions primarily in San Diego County, but also in Orange, Los Angeles Counties and the San Francisco Bay Area.

The mediation process is governed by the parties’ agreement on format and procedure. A combination of traditional facilitation and a more active conciliation role, including recommending appropriate solutions, are the most common roles for the mediator.

Mediation Fees

Mediations are generally scheduled and billed in full-day increments that include the seven-and-a-half-hour mediation session, preparation, pre-mediation and normal post-mediation telephone calls, electronic communication and travel time within San Diego County. There is an additional one-time non-refundable $250 administrative fee for each party and an hourly rate ($500) for additional hours if necessary and agreed upon by the parties.

Fees are set considering the number of parties and the location. For example, the fees for a two or three party full-day mediation in San Diego are $4500, plus $250 administrative fee for each party.

Other Mediation Terms

Confirmation Letter: Each party or legal representative will receive a confirmation letter from the mediator that sets out the key dates and other terms of the mediation. The execution of the return copy of the letter confirms the mediation date and the engagement of Abby Silverman as the mediator.

Payment: Each party’s non-refundable administrative fee and each party’s portion of the mediation fees are due with the return of the confirmation letter. The fees become non-refundable 10 business days before the scheduled mediation session.

Written Submissions: Written materials should be delivered or submitted by e-mail, or personal delivery, at least three business days prior to the mediation session. The submission should indicate whether it is confidential or whether it will be provided to the other parties. Written submissions are generally limited to 15 pages in pleading form or 10 pages in letter form, not including exhibits or attachments, unless otherwise approved by the mediator in advance. It is Ms. Silverman’s practice to have a conversation with each of the parties or, if represented, counsel for each party, before the mediation session to maximize the chances for successful resolution.

The Arbitrator’s assistant will send invoices at the appropriate times and, unless it is agreed or ordered otherwise, will divide the fees equally among the parties.

Confidentiality Agreements: Every participant in the mediation session must sign a confidentiality agreement before the session begins.

Consulting

Consulting, Audit and Investigation Services

Abby Silverman will serve as a consultant on employment law issues to an individual or to an employer. She also consults and implements workplace audits and conducts investigations at the request of an employer, its outside counsel or its audit committee. Audit and investigation services include the design and implementation of the study, appropriate interviews and consultation, and, if requested, a report.

Consulting, Audit and Investigation Fees

Consulting fees are set at Abby Silverman’s current standard hourly rate of $500. Abby Silverman requires an initial retainer, equal to the estimated first month of the consulting services, due upon receipt of the confirmation letter and prior to the commencement of the consulting services. Thereafter the client will be billed monthly for the consulting work as it progresses, including out-of-pocket and travel costs. Invoices are due and payable on receipt, with the retainer amount applied to the last billing cycle before the assignment is concluded.

Other Consulting Terms

Confirmation Letter: The client will receive a letter of engagement, which will set out the terms and scope of the consulting assignment and the terms of the engagement of Abby Silverman.

 

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Silverman Weiss Dispute Resolutions / 2170 Fourth Avenue, San Diego CA 92101 / Telephone: 619.906.2400
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