Frequently Asked Questions
Below are answers to the most asked questions about scheduling, preparing for, and conducting mediations with Morello Mediation. For deeper writing on substantive mediation topics, see the Field Guide and Field Notes.
How do I schedule a mediation?
Use the online scheduler or contact info@morellomediation.com. When scheduling, 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 and hour, contract dispute, discrimination, retaliation, and so on)
The parties’ agreement on the location of the mediation (in person, virtual, hybrid)
The parties’ agreement on payment of mediation fees
After a date is reserved, confirmations, invoices, and additional mediation instructions are sent to all parties.
What kinds of cases do you mediate?
Morello Mediation specializes in three categories: employment matters, class and representative actions, and business disputes.
Within employment, that includes all wage and hour matters, including misclassification, overtime, regular rate, meal and rest premium, vacation pay, tips, deductions, expense reimbursement, commission, and bonus disputes. It also includes all forms of discrimination, harassment, retaliation, whistleblower, disability accommodation, and wrongful termination matters.
Class and representative work covers all PAGA claims, wage and hour class and collective actions, EPA and other equal pay claims, ERISA, and other complex representative litigation.
Business disputes include all M&A related matters, executive employment agreements, earn out disputes, co-founder disputes, severance, and contractual matters tied to business relationships.
If you’re unsure whether a matter fits, contact us directly. Justin will be happy to talk through your matter and whether he’s the right mediator to help you get to resolution.
Are you available for mediations outside California?
Yes. California law is the specialty and the majority of the practice, but Justin mediates outside California when the matter calls for it. Remote mediations make cross-jurisdictional work straightforward, and Justin will travel for in-person mediations where the case warrants. For in person matters outside California, contact us to discuss before booking.
When should we mediate?
There is no perfect time to mediate, but there is an informed time. The right moment depends on what uncertainty you have, what uncertainty you can comfortably leave unresolved, and what your client actually needs from the case. Some cases benefit from early mediation before discovery costs accumulate; others need a key deposition or motion ruling before either side can credibly assess value.
For a longer treatment of mediation timing, see When to Mediate: Managing Uncertainty and Knowing Your Client in the Field Guide.
How long does a mediation take?
Mediations are scheduled as either full-day or half-day (four hours) sessions. Most single-plaintiff employment matters are scheduled as full days. Some resolve in less time; complex matters and class cases extend beyond the scheduled day. All fees include pre-mediation calls, preparation time, and reasonable follow-up time, so most cases close within the scheduled engagement without additional charges.
Should we mediate in person or remotely?
Both formats are available throughout California. Remote mediations often work better than parties expect — technology has removed friction and most mediations are now better handled remotely. In-person mediations remain valuable for matters where physical presence meaningfully changes the dynamic.
Two decision frameworks help — a people-based framework and a structure-based framework — detailed in Location (Part 2) in the Field Guide. The introductory piece, Location (Part 1), covers why remote mediations work better than expected.
For in-person sessions, the parties provide the location, which must include adequate conference room space for all parties and the mediator.
What does mediation cost?
Fees are flat-rate and apply to all case types:
Full-day mediation: $10,750
Half-day mediation (four hours): $6,500
Case administration fee: $500 (non-refundable in the event of cancellation or continuance)
All mediation fees include pre-mediation calls, preparation time, and reasonable follow-up time. For matters involving particularly complex issues or more-than-reasonable follow-up, additional hourly fees of $750 per hour may apply.
Counsel, not their clients, contract for the mediator’s services and are responsible for paying all fees.
What is the pre-mediation call?
A pre-mediation call is offered for every mediation. The call is an informal opportunity to discuss the case, information exchanges, logistical issues, and any unique challenges to resolution. It is also when the parties and the mediator discuss whether mediation statements will be confidential, what materials should be exchanged before the mediation day, and how the day will be structured.
Early communication with the mediator can meaningfully aid the resolution process. The call costs the parties nothing in additional fees — it is included in the flat fee for the mediation.
What should be in a mediation brief?
Mediation statements are due one week before the mediation and should be emailed to justin@morellomediation.com. Statements should include:
Key witnesses with a short statement explaining who they are
A 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 (operative complaint, any arbitration agreement, controlling company policies and agreements, key communications)
The parties may assume Justin is knowledgeable about employment law issues and need not spend time discussing general employment principles. Legal analysis should focus on novel issues or legal issues arising outside of employment law.
Often, a pre-mediation exchange of documents and questions facilitated by the mediator is more productive than the exchange of full mediation statements. Whether to exchange statements at all will be discussed during the pre-mediation call. If a statement is intended to be confidential, mark the confidential nature on its first page.
What are your payment and cancellation policies?
Mediation fees are due in full upon booking and must be received no later than 21 days before the mediation. Morello Mediation reserves the right to take matters off calendar if fees are not timely paid.
Cancellations or continuances 21 days or less before the mediation result in forfeiture of the entire mediation fee, unless the date can be filled with another matter. The $500 case administration fee is non-refundable regardless of timing.
Fees paid less than eight days before mediation must be paid online. Payment is accepted by via Stripe (credit/debit card), check, or ACH bank transfer.
Please do not reserve a mediation date unless you believe the mediation will go forward.
Where do I learn more about how Justin approaches mediation?
The Field Guide is the longest-form treatment of Justin’s mediation practice, organized as a practitioner’s guide across the case lifecycle. Field Notes collects all writings, including shorter writing on mediating in California , class action practice, and the use of AI in dispute resolution. The Mediator page covers Justin’s background, panel memberships, and credentials.
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Morello Mediation knows that finding the right mediator to resolve help resolve your dispute is an important choice. Please contact us if you have any questions regarding our services.