Services

MEDIATION PRACTICE AREA

  •    Personal Injury  
  •    Professional Malpractice
  •    Product Liability
  •    Labor Law Injury
  •    Wrongful Death
  •    Insurance Subrogation

Mediations are conducted in a traditional format with an initial brief joint session at which the Mediator provide a summary of his understanding of the relevant claims, defenses, disputed and undisputed facts derived from his review of the mediation submissions. Counsel for the participants are afforded the opportunity to make any opening remarks, but generally find that unnecessary.

Mediation submissions are an integral component of achieving successful outcomes.  A mediator who derives his or her understanding of the relevant claims, defenses and facts from a personal review of the records will be far more effective than one who principally derives that understanding from the arguments of counsel.

Submissions (paper or electronic). The parties are encouraged to provide in advance to the mediator pertinent background documents and filings that would be helpful to an understanding of the dispute and a written submission addressing those issues they view as significant to the settlement discussions. Submissions should be received by the mediator at least three (3) business days in advance. The parties are encouraged, but not required, to exchange submissions made to the mediator.

Submissions in paper form should be sent to my attention at Harter Secrest & Emery LLP, 1300 Bausch & Lomb Place, Rochester, New York 14604. Submissions in electronic form should be addressed to jherbert1953@gmail.com with a copy to Mary Beth Hampton (mhampton@hselaw.com). You can reach Mary Beth at 585-231-1210.  In the event the submissions include reliance on principal case law or regulations, it would be appreciated copies thereof would accompany the submissions.

WHAT TO EXPECT

Unless the parties choose otherwise, the mediation will be conducted at the offices of Harter Secrest & Emery LLP, 1300 Bausch & Lomb Place, Rochester, New York 14604 or, at 50 Fountain Plaza, Suite 1000, Buffalo, NY  14202.

The parties shall ensure that representatives of each party, with full settlement authority, participate in the sessions, preferably by in-person attendance.

Mediation sessions will be conducted in private, and the mediator will not communicate, or be compelled to communicate, any information discussed or disclosed during the mediation to any court or other outsider, unless otherwise agreed by both the parties and the mediator.  Likewise, the parties must maintain the confidentiality of the mediation and shall not attempt to introduce into evidence in any proceeding any admissions, proposals or events occurring during the mediation.

In the event a complete resolution is not reached within the scheduled mediation session, the mediator will, if circumstances warrant, offer to continue to communicate with the parties, for a period of time, in an ongoing effort to facilitate a complete settlement.

COMPENSATION ARRANGEMENTS

The mediator’s fees are $300 per hour for any time spent on the mediated matter including preparation and travel.  Reasonable travel expenses, if any, such as tolls and mileage for a mediation conducted outside Rochester will also be charged.

The mediator’s fees and expenses are will be split equally by the adverse parties as invoiced to the parties’ counsel of record.