Townsend Mediation Services of Cincinnati and Northern Kentucky

Townsend Mediation Services provides an alternative to litigation and is dedicated to resolving complicated, as well as simple, matters.  

Mediation is the most valuable arrow in the alternative dispute resolution quiver. Mediation allows the parties to forge a lasting resolution, because the resolution depends on their participation and their input into the design. Mediation relies on legal counsel taking more of a back seat, while the client is more in charge, relying on their own knowledge and experience as it relates to the subject matter of the dispute.

Mediation is a process beginning with the initial contact by a party or his or her attorney to determine if the mediator is a good fit, available within their time frame and is free from conflict.  Beginning with the initial contact, all statements made for the purpose of arranging for or engaging in mediation, all writings prepared for the purpose of mediation, and all negotiations undertaken or settlement offers relayed in the course of a mediation, must remain confidential communications. A mediator's report, opinion, recommendation, or finding regarding those matters which were revealed during the course of a mediation may not be submitted to or considered by a court or another adjudicative body. In addition, a mediator cannot testify in any subsequent civil proceeding about any communication or conduct occurring at or in connection with the mediation.    

MEDIATION ARRANGEMENTS

1.         Agreement to Mediate

Following the Initial Contact with the participants and/or their counsel and a tentative oral agreement that Russell Townsend will act as the neutral mediator in the matter under dispute, the parties will be provided with a form of Agreement to be executed and returned, along with the dates they are available, to the Mediator.  This may be done by scanning and forwarding a copy to Russell Townsend at his email address (russ@russelltownsendlaw.com) or by mailing the original to his contact address.

2.         Individual Phone Conferences, Mediation Dates

A Preliminary Conference by telephone will be scheduled with each side individually, to review the case from their perspective, review their options, and discuss what may be needed for an early resolution.  This information will be valuable for a number of reasons, including making a determination of the estimated time it will take for the mediation and a determination of who should be in attendance at the mediation.   

3.         Pre-Mediation Review 

A Pre-Mediation Review will guide most participants through the preparation needed to accomplish a voluntary and binding resolution. A Pre-Mediation Questionnaire will be provided with the form of Mediation Agreement. All participants should pay special attention to the completion of these Questionnaires, including all information reasonably necessary for the Mediator to fully understand the nature of the dispute and the mechanics for reaching a lasting resolution.  Once completed they should be mailed or emailed to the Mediator in time for the Preliminary Conference.  This form must be completed by the principals themselves as part of the process and should have minimal input by the parties counsel. 

4.         Fee Deposits 

The fees and costs of the mediation shall be divided evenly between the parties, with a one-day deposit (eight hours @ $300 = $2,400) charged in advance of the mediation.  Any unused amounts beyond the minimum charge will be promptly refunded to the paying parties.  At the time of the initiation of the mediation the initiating party must submit a deposit for the four hour nonrefundable minimum charge (four hours @ $300 = $1,200). 

All time spent by the Mediator shall be charged to the parties, including the Initial Contact with the parties and their counsel, the Preliminary Conference, the Pre-Mediation Review, the conduct of the mediation, any post mediation drafting of any settlement documentation and any necessary mediation follow up.