Mediation Terms

Rates and Service Areas  

Three-hour half day sessions and full day sessions are available. Contact us for our rates. All charges are the responsibility of counsel. Services are available in person or online in Kanawha, Putnam, and Cabell Counties in West Virginia.  Absent special arrangements our services are available only online in other parts of West Virginia and North Carolina.

If your Mediation is cancelled less than one week in advance of your scheduled mediation a cancellation fee will apply.  The cancellation fee for a one-half day session is $500.00 and the full day cancellation fee is $1,000.00.

Emergency Notification 

Please email mediations@dukebloom.com or call (304) 344-9400 in the event it becomes necessary to cancel the mediation. Counsel assumes the responsibility to contact me and provide their contact information. 

Conflicts

Verify with your clients that there are not any conflicts which would preclude me from serving as your mediator.  I act as a neutral intermediary and do not and will not act as an advocate for any party. 

Hearings

In person hearings will be conducted in the office of one of counsel as agreed by the parties. Online mediations will be conducted via TEAMS. We will send the invitation email to all lead counsel. It is the responsibility of each lead counsel to forward the invitation or notify co-counsel, their clients and insurance representatives.

Required Attendance of Decision Makers

All parties with authority to resolve the case and their representatives will appear in person unless agreed upon otherwise or ordered by the Court. 

Pre-Mediation Contact and Document Submissions

At least five business days prior to the mediation date please provide a summary of claims asserted by all parties and responses thereto to which may include complaint, counterclaim etc. You may include the following information:

1. Summary of contested facts. 

2. Summary of uncontested facts. 

3. Summary of contested issues of law with citations to points of authority you believe are controlling; and

4. Summary of settlement discussions conducted prior to mediation. 

All information and documents you provide will be kept confidential and reviewed in advance of the mediation. All information provided should be e-mailed to mediations@dukebloom.com  

Settlements & Settlement Agreements

Any settlement reached at mediation shall be reduced to writing by counsel and signed by the parties to be charged. If an attorney or representative signs on behalf of a party, the attorney or representative represents that he/she has the power to bind the party. Settlement agreements shall be provided to each settling party and upon request I will file a copy of the settlement agreement with the Court. I will not retain original settlement agreements or retain copies of settlement agreements. Further, I will not retain any notes from the mediation or any documents provided by counsel.