Search the web
Sign In
New User? Sign Up
ArbitratorsAndMediators · ADR: Alternative Dispute Resolution
? Already a member? Sign in to Yahoo!

Yahoo! Groups Tips

Did you know...
Real people. Real stories. See how Yahoo! Groups impacts members worldwide.

Best of Y! Groups

   Check them out and nominate your group.
Having problems with message search? Fill out this form to ensure your group is one of the first to be migrated to the new message search system.

Messages

  Messages Help
Advanced
Quandry re referrals?   Message List  
Reply | Forward Message #382 of 495 |
RE: [ArbitratorsAndMediators] Re: scheduling

Good question -
 
And there is no magic bullet. I have had colleagues suggest, first of all that each session is paid for in advance, that way there is less cancellation and less difficulty in assuring that payments clear.  Some do suggest a cancellation fee - and even with that ultimately collecting it is a process unto itself that kind of impinges on spirit, I suppose, of mediation.
 
Ultimately though, the advice I got from one colleague was really powerful.  We are a profession, and like any other, we expect to be paid for our services - we should charge a fair rate and not apologize for it - it comes with value don't you know - and then we need to be able to collect the fee as well and expect people to keep their appointments.
 
Helping clients to understand that we try to be flexible, and at the same time, recognize that planning ahead and agreeing on a session time is part of the mediation process.  In other words expressing and getting an understanding that coming to scheduled sessions is part the process.  Sure some clients need more flexibility - so understanding that there are probably clients you can't schedule in the same week because you are likely to get multiple cancellations a knowledge/planning piece. 
 
If your clients tend to cancel at that high a ratio though, maybe you have developed a reputation for that, or that message comes through in your early agreements and opening remarks...
 
If this is happening in first sessions that is more understandable - however even then, I tend to suggest (depending on the mediation context) that the first 30 minutes or so is an opportunity for us to get to know each other - I don't always charge for it unless we get right into the work - that sometimes gives them a chance to feel out the relationship at little risk and once they are there if it is working they understand they need to pay the bill...I need to make sure I schedule enough time though for the session to go on to or else they back up and thats not good either...
 
no easy answers....good luck
 
Mitch Gordon
 
 
 

To: ArbitratorsAndMediators@yahoogroups.com
CC: ArbitratorsAndMediators@yahoogroups.com
From: weyork@...
Date: Sat, 18 Jul 2009 19:36:02 +0000
Subject: Re: [ArbitratorsAndMediators] Re: scheduling

 
I would like to get your input on scheduling of mediations.  I feel very fortunate and a little reluctant to be asking this question.  I have been mediating for about 4.5 years full-time and still struggle with how to schedule mediations.   I am of counsel with a firm and pay overhead to the firm for conference rooms, secretary, receptionist, etc.   Ideally I'd like to do three mediations a week but if I only schedule three, one or two may be postponed or settle.  I am not in a jurisdiction where cancellation fees are part of the culture.  As a result of this dilemma, my secretary schedules a minimum of four and sometimes five mediations a week.  (And, of course, when there a five scheduled, there are no cancellations)  Four or five difficult mediations in a week is just too much.  Has anyone figured out a way to schedule in a sane way and still pay the bills or is it impracticable to do solely  mediations?




Sat Jul 18, 2009 8:53 pm

circleofhuma...
Offline Offline
Send Email Send Email

Forward
Message #382 of 495 |
Expand Messages Author Sort by Date

Clients ask me all the time about mediators and arbitrators on a list. I'm with the AAA, so lawyers who know me call frequently to ask if I can help them rank...
Lee Jay Berman
leejayberman
Offline Send Email
Jun 17, 2009
9:06 am

Hi Lee Jay, I know that there is some controversy over recommending lawyers because of some far fetched notion of potential liability (well anywhere outside...
Colm Brannigan
colmbrannigan
Offline Send Email
Jun 17, 2009
11:58 am

Clearly: You strike 14 names, leaving yourself as the sole recommended arbitrator. What could be simpler? ... because of some far fetched notion of potential...
Richard Hamlin
waterfrontla...
Offline Send Email
Jun 19, 2009
1:12 am

And Lee Jay, Regardless of what you did for yourself, you did recommend me, right?! Chip (last name withheld by author for obvious reasons) From:...
ossman@...
c_ossman
Offline Send Email
Jun 19, 2009
2:17 am

I would like to get your input on scheduling of mediations. I feel very fortunate and a little reluctant to be asking this question. I have been mediating for...
weyork@...
wyork53
Offline Send Email
Jul 18, 2009
8:29 pm

Good question - And there is no magic bullet. I have had colleagues suggest, first of all that each session is paid for in advance, that way there is less...
Mitchell Gordon
circleofhuma...
Offline Send Email
Jul 18, 2009
10:41 pm

Another way to handle it is to associate with another mediator who is looking for work and invite them to take the Friday mediation for you. Eventually, you ...
Robert Wright
relwright
Offline Send Email
Jul 22, 2009
1:11 pm

Right. I have the same problem with all the nymphomaniac supermodels who keep calling and bothering me. It's a tough one. Barry Goldman Arbitrator and Mediator...
Barry Goldman
goldman_barry
Offline Send Email
Jul 22, 2009
2:16 pm

Hi Wendy and all, Sorry to be so late to weigh in on this, but I think it's important. One of the first lessons I learned in college came from an engineering...
Lee Jay Berman
leejayberman
Offline Send Email
Aug 6, 2009
6:44 pm

Well put, Lee Jay. For similar but less well-articulated reasons, I have an escalating cancellation schedule in my fee agreement. I also ask for the fee, or...
Jeff Bean
beanlawfirm
Offline Send Email
Aug 6, 2009
8:09 pm

Lee Jay and all, We have always considered our ADR Specialist's time to be valuable. As such, we have always had stiff cancellation fees especially when the...
Peter
petermerrill...
Offline Send Email
Aug 6, 2009
8:14 pm

Thank you, everyone, for taking the time to respond so thoughtfully to my question re: scheduling. I appreciate all your insights. Wendy...
weyork@...
wyork53
Offline Send Email
Aug 15, 2009
4:00 pm

You can help the guy out, but if you are selected your relationship and activity would have to be disclosed and would likely raise a successful challenge. I...
Peter L. Altieri
paltieri4
Offline Send Email
Jun 17, 2009
12:49 pm

Is this a case where each side picks one arbitrator and then those two pick the third? If so, you're probably ok to give your opinion since each party picked...
Marv Schuldiner
marvs5
Online Now Send Email
Jun 17, 2009
1:54 pm
Advanced

Copyright © 2009 Yahoo! Inc. All rights reserved.
Privacy Policy - Terms of Service - Guidelines - Help