Offered Mediation Services

Prior to the mediation, Lee makes himself available to each attorney for a pre-mediation conference, either by telephone or Zoom, to discuss the case in greater detail. These conversations help Lee become familiar with the key facts, disputed issues, prior settlement discussions, and any obstacles that may affect resolution. The goal is to tailor the mediation process in a way that is efficient, focused, and productive.

Lee encourages the parties to submit mediation briefs at least 48 hours before the scheduled mediation.  Briefs should be emailed directly to lee@leestraus.com.  Lee strongly prefers that briefs be exchanged between the parties.  If a party wishes to provide confidential information in advance of the mediation, a separate confidential side brief may be submitted, or the information may be shared during the pre-mediation conference.

Mediation briefs should include:

• The identity of all persons who will attend the mediation

• A brief summary of the facts

• The issues in dispute

• The parties’ respective contentions

• The history of settlement discussions to date

• Any issues that may present an obstacle to resolution

Extended discussion of general legal principles is usually unnecessary.

Briefs may be submitted in the form of a letter, pleading, or detailed email, but should generally not exceed 15 pages, including exhibits.

Please refrain from submitting full deposition transcripts, broad discovery responses, or voluminous medical records. If Lee’s review of such materials would be helpful, please include only the specific excerpts that are directly relevant.

Confidentiality is essential to the mediation process.  All participants will be required to sign a confidentiality agreement before the mediation begins. Unless otherwise required by law, all statements made and documents prepared for the mediation will be treated as confidential and for settlement purposes only.

If the matter does not resolve on the day of the mediation, Lee provides unlimited follow-up by email and telephone at no additional charge. Many cases settle after the formal session ends, and Lee remains available to continue working with the parties until every reasonable opportunity for resolution has been exhausted.

If the parties wish to extend a Half-Day Mediation beyond the scheduled four-hour session, and Lee is available to do so, additional time will be billed at $1,100 per hour.

If the parties wish to extend a Full-Day Mediation beyond the scheduled eight-hour session, and Lee is available to do so, additional time will be billed at $1,000 per hour.

If the parties wish to extend a Complex Dispute Mediation beyond the scheduled eight-hour session, and Lee is available to do so, additional time will be billed at $1,200 per hour.

Mediation fees are due upon receipt of invoice unless other arrangements have been made in advance.

Unless the parties advise otherwise, it will be assumed that the mediation fee will be divided evenly between the sides. If a different allocation has been agreed upon, please advise Lee in advance so that invoicing can be handled accordingly.

Those with full settlement authority should personally attend the mediation, along with any other individuals whose presence may meaningfully assist the settlement process, such as clients, insurance representatives, spouses, business partners, or other decision-makers.

If the person with ultimate settlement authority cannot attend in person, that individual should be fully available by telephone throughout the mediation. If a person with settlement authority will neither attend nor be available during the session, opposing counsel should be informed well in advance, and counsel should confirm that all parties nevertheless agree to proceed.

If the matter resolves at mediation, Lee strongly encourages the parties to memorialize the material terms of the settlement before concluding the session. Doing so helps avoid later misunderstandings and helps ensure that the parties leave with a clear and enforceable agreement.