Robert J. Kaplan, Mediator

General Information

Full and Half-Day Rates

When I’m retained for a full-day mediation, I commit up to 10 hours (which covers both hearing and preparation time); and, I do not charge for expenses or travel time within California. For a half-day, I commit to up to 5 hours (which covers both hearing and preparation time.) My rate depends on whether your case is a ‘STANDARD’ mediation or a ‘PREMIUM” mediation (see below) and the location of the mediation.

STANDARD Mediations

STANDARD mediations are all cases that do not fall into the PREMIUM category below. The rates for all STANDARD mediations are:

San Diego, Orange County & Los Angeles: Full-Day $6,600; Half-Day $3,500
Elsewhere: Full-Day - Rate depends on location and number of travel days

PREMIUM Mediations

There are a relatively small number of Mediators statewide who have earned a place on the ‘short list’ of the Plaintiff and Defense firms throughout the state and nationwide which regularly handle the 3 categories of cases set forth below. The daily rate of those Mediators currently ranges from approximately $5,000 - $15,000 per day.

In addition to having proven themselves capable of settling these most difficult and challenging of all mediations – PREMIUM cases almost always require significantly more prep time than STANDARD cases; and, if they don’t settle by the conclusion of the hearing, they always require substantially more telephonic and email follow-up. The 3 categories of PREMIUM cases are as follows:

• Class-actions
  
  
• Multi-party cases in which there are more divergent interests than in STANDARD cases where the only divergent interests are those of one plaintiff vs. those of one defendant.

More specifically, in this category there are multiple divergent interests – ordinarily on both a horizontal level (eg., disputes between various cross-defendants and/or disputes between various plaintiffs competing for a limited insurance policy limit) AND on a vertical level (eg., insurance coverage disputes between an insured defendant(s) and their insurance carrier(s) and/or between primary and excess insurance carriers and/or between insurance carriers of several insured defendants.) Mediations falling into this category always result in 1, 2 or more sub-mediations within the ‘mediation-in-chief’;

• High-stakes and other complex cases that – although not falling into either of the above 2 categories – involve one or more unique component or characteristic, more divergent interests than in the typical STANDARD case and/or require more prep time than STANDARD cases; and, if the case doesn’t settle at the mediation hearing, require more telephonic and email follow-up than STANDARD cases.

The rates for all PREMIUM cases are: 

San Diego, Orange County & Los Angeles: Full-Day - $8,000

Elsewhere: Full-Day - Rate depends on location and number of travel days

Other Fee-Related Matters

Case Management Fees: Unless otherwise agreed, each party, upon scheduling the Mediation, shall be responsible for paying this non-refundable fee to Judicate West (http://www.judicatewest.org/) That fee is currently $150 per party for all mediations other than multi-day mediations -- which are set by Judicate West based on the number of days reserved.

Necessary Deposits: Payment in full for reserved dates is due immediately upon confirmation of the reserved dates and in any event must be paid in full before the mediation begins. Unless the parties agree otherwise, fees will be equally apportioned between them.

Hearings that go ‘Over-Time’: If our session goes longer than the pre-agreed upon amount of time, additional conference time may be invoiced in a Supplemental Bill (which will be handled by Judicate West.)

Fees for Follow-Up Work: If the case does not settle at the mediation I will not give up. All telephonic and email follow-up (no matter how many hours) is included in my STANDARD and PREMIUM half and full-day rates. 

Cancellation or Rescheduling: I charge a cancellation or continuation fee only if I am unable to fill the scheduled time with another mediation(s). My cancellation or continuation fee will -- depending on the particular circumstances involved -- range between 50% - 100% of the necessary deposit for that portion of the day or days that I am unable to fill; and, I will always do everything within the realm of reason to make sure that all involved are comfortable with any such fee before it is billed. Other than multi-day matters, it is highly unlikely any fees will be due IF I am given more than 10 days notice.

Other: PLEASE call me directly if there is ever anything that you are not 100% comfortable with insofar as any fee-related issue is concerned. I never want to have a situation where someone is put off by any billing-related matter. Lastly, unless there is a written agreement between the parties stating otherwise, any Supplemental Bill(s) will be equally apportioned between the parties.