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Frequently Asked Questions


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Pre-Mediation Submissions:

Submitting an outline of each party's comprehension of the facts, theory of liability, and damages ("Submissions") to the Mediator prior to the mediation process is aimed at improving the efficiency and effectiveness of the mediation.   1. Submission Deadline: The Submissions are due 21 (twenty-one) days prior to the scheduled mediation and may be exchanged between the parties. 2. Confidentiality: If a party wishes to designate a Submission as confidential and intended for the Mediator's eyes only, the party must clearly indicate this in the Submission. 3. Contents of the Submission: The Submission may include, as applicable: Statement of Facts: A detailed description of the facts, including the nature of the injury and a comprehensive list of special damages and anticipated expenses. A comprehensive list of all participating insurance carriers, policy limits, additional insureds, tenders, acceptance of tenders, Kotecki and Briseno information, if applicable. Theory of Liability and Damages: An explanation of the party's legal basis for liability and the assessment of damages supported by relevant authorities. Witnesses: A summary of both opinion witnesses (including experts) and non-opinion fact witnesses. Case Status: Information regarding the current status of the case, including any pending litigation and the expected trial date. Last Demand and Offer: If applicable, the most recent demand and offer made by the parties. Supporting Documentation: Depositions, medical, expert opinions, photographs, videos, police reports, relevant pleadings and/or 213 disclosures and any other relevant documents that can assist the Mediator in understanding the claims and defenses. Any documents or materials not referenced that would assist the Mediator in understanding the claim and/or defense.

Cancellation Policy:

In the event of a cancellation, the following fees and policies will apply:   1. 21 days or more prior to mediation: If the mediation is canceled 21 days before the mediation date, a cancellation fee of $1,000 will be charged to the canceling party, and a full refund of all remaining deposits will be provided minus the $275.00 per party non-refundable administration fee. 2. Less than 21 days prior to mediation: If the mediation is canceled less than 21 days before the mediation date, no refund to either party shall be issued, and the full amount of the deposit will be kept. There are no exceptions to this policy.

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