Scheduling

To schedule a mediation or inquire regarding mediator availability, please use our online scheduler or contact Justin Morello at 619-277-4677 or Justin@morellomediation.com. When scheduling a mediation, please provide:

  • The names of all parties and counsel, including contact information for counsel;

  • If the matter is in litigation, the case name and venue;

  • The type of matter (class action, PAGA, wage-hour, contract dispute, discrimination/retaliation, etc.)

  • The parties’ agreement on the location of the mediation (in person, virtual, hybrid); and

  • The parties’ agreement regarding the payment of mediation fees.

After a date is reserved, confirmations, invoices, and additional mediation instructions will be sent to all parties.

Pre-Mediation Call

Early communication with the mediator can significantly aid the resolution process during the mediation. Thus, for all scheduled mediations, a pre-mediation call will be scheduled. This pre-mediation call is a good time to informally discuss the case, information exchanges, logistical issues, and any unique challenges to resolution.

Information Exchange, Mediation Briefs, Draft Agreements

Mediations have a greater chance of being successful if the parties have exchanged sufficient information to permit an informed evaluation of the case. Surprises at mediation rarely help the process - corporate defendants often have internal clients that will need to be informed if material information is disclosed for the first time at mediation and plaintiffs often become entrenched when confronted with what appears to be a “gotcha” disclosure. Thus, the parties are encouraged to exchange material information before the mediation.

There may be times that the parties wish to share confidential information with the mediator. Such information may be discussed during the pre-mediation call or through the submission of a confidential mediation statement. Confidential information will never be shared unless the party gives their approval during the mediation.

Mediation statements are due one week before the mediation and should be emailed to justin@morellomedaition.com and nikki@morellomediation.com. Mediation statements should include:

  • Key witnesses with a short statement explaining who they are

  • Timeline including relevant facts

  • Summary of claims or the operative complaint

  • Damages analysis with supporting documents

  • Prior settlement discussions and settlement challenges

  • Procedural history summary

  • Legal analysis - Employment law basics may be omitted

  • Key documents - For example, the operative complaint, any arbitration agreement, controlling company policies and agreements, key communications

The Parties may assume that Justin is knowledgeable regarding employment law issues and they don’t need to spend time discussing general employment principles. Any legal analysis should focus on novel issues or legal issues arising outside of employment law.

The Parties are encouraged to think through whether the exchange mediation statements before the mediation will be productive. Often, a pre-mediation exchange of documents and questions, facilitated by the mediator, may be more productive than the exchange of full mediation statements. Disclosure of mediation statements will be discussed on the pre-mediation call. If the mediation statement is intended to be confidential, please indicate the confidential nature of the statement on its first page.

Locations

Justin is available for mediation via video conference or in person throughout California. In-person mediations take place at a location provided by counsel, which must include adequate conference room space for all parties and the mediator.

Fees and Cancellations

Full Day Mediation - All Cases: $9,750

Half Day Mediation (Four Hours) - All Cases: $6,000

Case Administration Fee: $500 (in the event of a cancellation or continuance, this fee is non-refundable)

All fees include all pre-mediation calls, preparation time, and reasonable follow up time. Mr. Morello reserves the right to charge additional hourly fees for cases involving particularly complex matters or more than reasonable follow-up. Fees for additional time will be charged at $750 per hour.

Please do not reserve a mediation date unless you believe the mediation will go forward. Counsel, not their clients, contract for the mediator’s services and are responsible for paying all fees.

Mediation fees are due in full upon booking and must be received no later than 21 days before mediation. We reserve the right to take matters off calendar if fees are not timely paid. Cancellations or continuances 21 days or less before the mediation will result in forfeiture of the entire mediation fee, unless we can fill the date with another matter.

Fees paid less than eight days before mediation must be paid online. The mediation fee may be paid by check, credit card, or ACH bank transfer.